ABSTRACT

In this article, the legal position of the individual within Danish welfare law is analysed. Feminist theory demands the empowerment of the individual and the legal status of the individual must be seen as such an island of empowerment. Even though it appears that the concepts, "private law" and "public law" have influenced the construction of the individual within welfare law, the primarily influence has come from the public law jurisprudence of the State. It also appears that the continual changes within Danish welfare law do not necessarily imply a shift from public law to private law. On the contrary, it might instead be relevant to develop the concept of "the law of persons" in order to encompass the situations of an individual person - including his or her responsibilities to civil society. By such a construct might the legal aspects of being responsible selves be rediscovered.