Abstract

ROSAS FREGOSO, Roxana. Individual versus collective freedom: antinomies and tensions. Mex. law rev [online]. 2025, vol.17, n.2, pp.65-82.  Epub Nov 10, 2025. ISSN 2448-5306.  https://doi.org/10.22201/iij.24485306e.2025.2.19381.

This article sets out to analyze the right to freedom as a human right, with the purpose of contrasting two of its aspects: the right to freedom as an individual right v. the right to freedom as a collective right, so as to reach a conclusion on the antinomies and collisions between these aspects. In this sense, the epistemic origin of the supremacy of collective rights over individual rights, as well as the potential risk to individual freedoms when indiscriminate privilege is given to collective rights, is questioned and discussed. To solve this dichotomy we propose, on the basis of Law, the use of the Weight Formula, which is a tool that makes use of the Law of Balancing applied in legal reasoning when there are antinomies and collisions between two or more human rights.

Keywords : individual freedom; collective freedom; human rights; legal antinomies; legal reasoning.

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