The legal force of the individual will: Reflections at the intersection of political philosophy and legal theory

This essay explores the evolving role of individual will as a driver of legal change, situated at the intersection of political philosophy and legal theory. It examines the dialectical relationship between individual claims and the legal system, highlighting how the contemporary legal order is increasingly shaped by individual freedom expressed within a pluralistic, open society. The paper argues that individual will, through its normative and transformative force, acts as both an engine of legal change and a balancing mechanism, fostering a dynamic equilibrium between continuity and innovation in the legal system. It discusses how this transformation occurs within a cooperative framework that integrates judicial mediation and social legitimacy, emphasizing concepts such as constructive versus constructivist judiciary, remedial expansion, and the progressive adaptation of law to social needs. Ultimately, the essay underscores that legal morphology is inseparable from social morphology, advocating for a conception of law as a relational and evolving structure grounded in the interplay between individual aspirations and collective values.