Law and Individualism: Balancing Rights, Responsibilities, and Group Dynamics
Purpose: This article critically examines the interplay between individualism and collectivism in legal systems. It argues that the law remains disproportionately focused on individual rights and duties, even though group dynamics demonstrably shape behaviour. The paper therefore calls for the form...
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| Format: | Article |
| Language: | English |
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University of Ljubljana Press (Založba Univerze v Ljubljani)
2025-05-01
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| Series: | Central European Public Administration Review |
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| Online Access: | https://journals.uni-lj.si/CEPAR/article/view/21992 |
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| _version_ | 1849719115968675840 |
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| author | Mirko Pečarič |
| author_facet | Mirko Pečarič |
| author_sort | Mirko Pečarič |
| collection | DOAJ |
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Purpose: This article critically examines the interplay between individualism and collectivism in legal systems. It argues that the law remains disproportionately focused on individual rights and duties, even though group dynamics demonstrably shape behaviour. The paper therefore calls for the formal recognition of informal groups and the integration of collective responsibility to reflect current social realities more accurately.
Methodology: Employing a historical-legal and interdisciplinary lens, the study traces the evolution of individualism from Roman law to modern legal frameworks. It combines comparative legal analysis, theoretical critique, and normative analysis to propose legal reforms that reconcile individual autonomy with collective accountability.
Findings: Historically, legal systems have privileged individualism and underestimated the influence of groups. As a result, informal collectives often lack protection and meaningful participation in legal processes. This over-emphasis on the individual hampers effective responses to systemic discrimination, environmental harm, and labour rights violations. Although certain branches—such as corporate and environmental law—implicitly recognise collective responsibility, explicit mechanisms to balance
individual and group interests are still required. Flexible legal models can integrate group accountability without eroding personal rights.
Practical implications: Conferring limited legal personality on informal groups would enable them to assert rights without full formalisation. A calibrated balance between individual and collective liability would enhance the law’s capacity to address problems that demand shared responsibility. Strengthening collective legal tools—such as class actions, trade unions, and community governance—would improve legal representation, while the use of AI-enabled digital platforms could foster participatory
law-making and deliver fairer legal structures.
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| format | Article |
| id | doaj-art-1eccbf0290c74f0b9514fa8610d29e71 |
| institution | DOAJ |
| issn | 2591-2240 2591-2259 |
| language | English |
| publishDate | 2025-05-01 |
| publisher | University of Ljubljana Press (Založba Univerze v Ljubljani) |
| record_format | Article |
| series | Central European Public Administration Review |
| spelling | doaj-art-1eccbf0290c74f0b9514fa8610d29e712025-08-20T03:12:12ZengUniversity of Ljubljana Press (Založba Univerze v Ljubljani)Central European Public Administration Review2591-22402591-22592025-05-0123110.17573/cepar.2025.1.02Law and Individualism: Balancing Rights, Responsibilities, and Group DynamicsMirko Pečarič0https://orcid.org/0000-0002-0551-5682University of Ljubljana, Faculty of Public Administration, Slovenia Purpose: This article critically examines the interplay between individualism and collectivism in legal systems. It argues that the law remains disproportionately focused on individual rights and duties, even though group dynamics demonstrably shape behaviour. The paper therefore calls for the formal recognition of informal groups and the integration of collective responsibility to reflect current social realities more accurately. Methodology: Employing a historical-legal and interdisciplinary lens, the study traces the evolution of individualism from Roman law to modern legal frameworks. It combines comparative legal analysis, theoretical critique, and normative analysis to propose legal reforms that reconcile individual autonomy with collective accountability. Findings: Historically, legal systems have privileged individualism and underestimated the influence of groups. As a result, informal collectives often lack protection and meaningful participation in legal processes. This over-emphasis on the individual hampers effective responses to systemic discrimination, environmental harm, and labour rights violations. Although certain branches—such as corporate and environmental law—implicitly recognise collective responsibility, explicit mechanisms to balance individual and group interests are still required. Flexible legal models can integrate group accountability without eroding personal rights. Practical implications: Conferring limited legal personality on informal groups would enable them to assert rights without full formalisation. A calibrated balance between individual and collective liability would enhance the law’s capacity to address problems that demand shared responsibility. Strengthening collective legal tools—such as class actions, trade unions, and community governance—would improve legal representation, while the use of AI-enabled digital platforms could foster participatory law-making and deliver fairer legal structures. https://journals.uni-lj.si/CEPAR/article/view/21992individualism, collective responsibility, group dynamics, informal groups |
| spellingShingle | Mirko Pečarič Law and Individualism: Balancing Rights, Responsibilities, and Group Dynamics Central European Public Administration Review individualism, collective responsibility, group dynamics, informal groups |
| title | Law and Individualism: Balancing Rights, Responsibilities, and Group Dynamics |
| title_full | Law and Individualism: Balancing Rights, Responsibilities, and Group Dynamics |
| title_fullStr | Law and Individualism: Balancing Rights, Responsibilities, and Group Dynamics |
| title_full_unstemmed | Law and Individualism: Balancing Rights, Responsibilities, and Group Dynamics |
| title_short | Law and Individualism: Balancing Rights, Responsibilities, and Group Dynamics |
| title_sort | law and individualism balancing rights responsibilities and group dynamics |
| topic | individualism, collective responsibility, group dynamics, informal groups |
| url | https://journals.uni-lj.si/CEPAR/article/view/21992 |
| work_keys_str_mv | AT mirkopecaric lawandindividualismbalancingrightsresponsibilitiesandgroupdynamics |