The Individualistic Drift of French Law: Desire and Normative Claims for New Subjective Rights in the "French Surrogacy Market".

Abstract

Could the emergence of a surrogacy market in France, despite its prohibition by the French Civil Code, be the tip of a social iceberg? This article aims to analyse the individualization of Law and society. Through innovative legal constructs, the possessors of rights provided by national Law are demanding changes to the law to suit their individual interests. By anchoring their desire in an existing subjective right, legal subjects situate the fulfillment of this desire within the legal domain, while raising the question of its normative dimension. Beyond traditional questions of legal agility, optimization and discursive dimension of the use of available rights, the consequences are crucial: because individualization is growing, the law is no longer a collective and social phenomenon, but a tool that the judge adjusts according to the desired result. What is at stake here is the meaning of Law, Justice and, ultimately, society itself.