ABSTRACT

This chapter provides an analysis of the relation between the law and the modern autonomous political system. The introduction to the chapter frames the historical context that enabled the emergence of political systems. The rest of the chapter is articulated in sections devoted to the key concepts of political modernity according to an order that goes from the generation of political power (sovereignty, constituent power) to the limitation of that same power (separation of powers, rule of law, rights). A strong emphasis is put on the theories of rights because of their prominence in contemporary jurisprudence and multiple national and supranational legal orders. The chapter is rounded off by an overview of the struggle for the recognition of the rights of new legal subjects such as animals and the environment.