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Novum Jus
versión impresa ISSN 1692-6013versión On-line ISSN 2500-8692
Resumen
GOMEZ-NAAR, VERÓNICA. SUBJECTIVITY AND THE FAMILY THAT UNDERLIE CONTEMPORARY LEGISLATIVE REFORMS. Novum Jus [online]. 2020, vol.14, n.2, pp.235-256. Epub 14-Feb-2023. ISSN 1692-6013. https://doi.org/10.14718/novumjus.2020.14.2.10.
These work seeks to analyze from a sociological perspective the conceptions of family and subject that predominate in contemporary Western society. The study of the analytic categories this proposes is interesting for the jurist, in order to approach and understand the important legislative changes of this century, in particular those of the Argentinean Civil and Commercial Code, approved in Law 26.994, in effect since August 1, 2015. Since the change of position that signified the work of Descartes and other philosophers that followed him, man3 is located in the center of the scene of thought and action, in the place previously occupied by "God," the "Creator", or "Mother Earth." This gave rise to a new vision that transformed reality. The ideas of progress, scientific and technological advancements, the direct, personal search for God (Protestant schism), the revaluation of the private life over the public, and the emergence of feminism, among others, led to the appearance of a new subject and of a family "in disorder,"4 that needed to be rearmed and reconsidered. The study of the transformation produced in these two spheres is a necessary step to advise to what extent these conceptions are implicit in specific legislative changes.
Palabras clave : subjectivity; family; patriarchal; feminism; individualism; capitalism.