Law and individualism : balancing rights, responsibilities, and group dynamics

english

2025

volume 23, iss. 1

collective responsibility   group dynamics   individualism   informal groups

Univerza v Ljubljani, Fakulteta za upravo
(Obvezni izvod spletne publikacije)

Purpose: This article critically examines the interplay between individu-alism 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 cri-tique, and normative analysis to propose legal reforms that reconcile in-dividual autonomy with collective accountability.Findings: Historically, legal systems have privileged individualism and un-derestimated the influence of groups. As a result, informal collectives of-ten 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. Al-though certain branches—such as corporate and environmental law—im-plicitly 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 en-hance the law’s capacity to address problems that demand shared re-sponsibility. Strengthening collective legal tools—such as class actions, trade unions, and community governance—would improve legal repre-sentation, while the use of AI-enabled digital platforms could foster par-ticipatory law-making and deliver fairer legal structures.

25.11.2025