Abstract

RAMELLA, Susana T. La concepción antropológica del derecho del trabajo en el constitucionalismo social del siglo XX. Rev. hist. derecho [online]. 2011, n.42, pp.89-126. ISSN 1853-1784.

The subject of this paper is as old as humanity in its two possible approaches: as punishment and as domination. It was never detached from regulations or from the major changes in the production systems. It never stopped having an anthropological conception in its basement. The aim of this paper is to unravel this conception in a historical period, in which the constitutional reforms of 1949 and 1957, such as the ILO convention, try to balance that conflict with Labor right encoding and regulation. As the specialists in this branch of law, who overtly or subliminally, let out the idea that inspires them about the person, the stratification and social classes, as well as the doubts when framing this distinction in the legal world of equality before the law, which also involves an anthropological idea.The Daily Record of the Fourth Conference of the States of America, members of ILO (1949), the daily session records of both constitutional conventions, such as papers about labor law of the time and previous, are confronted with the doctrinaires of the "new social question", such as Rosanvallón, Neffa, Arturo Fernández, etc.

Keywords : Right; Labor; Social question; Legal anthropology.

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