Self-determination, employment, housing, and access to credit are essential aspects of social justice insofar as they are necessary to satisfy citizens’ fundamental needs and ensure a range of basic entitlements (Caruso 2013). All these central traits of the human condition are closely connected with (and dependent on) one of the basic and traditional concepts of private law, namely the recognition of the individual’s capacity to exercise rights and act within the framework of the legal system, ie, ‘legal agency’, which is crucial for full involvement in society. The concept of ‘legal agency’ is essential for taking control of one’s life and making a range of choices, from the significant ones (such as deciding where and with whom to live, or getting married) to everyday decisions (for instance, taking up a job, disposing of one’s property, or consenting to medical treatment) … (more)
{Valerio D’Alessandro, Transformative Private Law Blog, 22 October 2024]
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