Cultural context and legal subjectivity - is it possible to maintain law distant from culture? Caio Leonardo Corralo Tornincasa, Guilherme Schmidt Hayama

Abstract

This paper seeks to identify whether culture has the power to alter legal subjectivity. In this context, we start from Thomas Vesting's theory of communication, combined with Niklas Luhmann's systems theory. The idea is to indicate how legal subjectivity is constructed in order to then point out how culture plays a determining role in the form and content of law