When the Obvious Ceases to be Obvious: New Subjects and Others in Contemporary Law

Abstract

This paper aims to present some processes that challenge contemporary law. In particular, we focus on the new subjects of law and on the elasticity of the concept of the other that integrates the harm principle. In the first section, we analyze the arguments surrounding the innovations on

legal subjectivities and others. In the second part, we point out some challenges that arise in incipient processes of climate litigation in Argentina in which this type of concept appears. Finally, we illustrate the issue based on two ongoing legal proceedings before different Argentine courts, emphasizing the main lines of argument used for the presentation of the conflicts