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    LoyalLoyalJusticeJustice
    Made withinDC&Austin
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    Michel Villey's historical thesis holds that subjective r... — Carmelics
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    Challenges→The concept of a right emerged simultaneously with reflective awareness of social norms, not at any later historically traceable point.

    Michel Villey's historical thesis holds that subjective rights as a concept were invented by Ockham in the 14th century and absent from Roman and Greek legal thought.

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    1 reason for
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    Reasons For

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    Reason for
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    • 1.Roman law focused on remedies and duties rather than inherent entitlements, lacking the subjective rights vocabulary we use today.
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    • 2.Ockham's nominalism enabled viewing rights as individual possessions rather than objective natural orders, a conceptual innovation.
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    • 3.Medieval sources show rights-language emerging sharply after Ockham, suggesting discontinuity with ancient legal frameworks.
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    Reasons Against

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    Reason against
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    • 1.Roman law granted dominion over property and persons (patria potestas, ownership), functioning as subjective rights despite different terminology.
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    • 2.Greek sources contain claims of justice-based entitlements (like Aristotle on reciprocal fairness), conceptually resembling rights even if unnamed.
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    • 3.Villey conflates the absence of modern 'rights' terminology with absence of the underlying concept, committing a linguistic rather than substantive error.
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    Connections

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    Rights & Liberty1 linked

    Related

    Greek sources contain claims of justice-based entitlements (like Aristotle on re...Medieval sources show rights-language emerging sharply after Ockham, suggesting ...Ockham's nominalism enabled viewing rights as individual possessions rather than...Roman law focused on remedies and duties rather than inherent entitlements, lack...
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    Roman law granted dominion over property and persons (patria potestas, ownership...The concept of a right emerged simultaneously with reflective awareness of socia...Villey conflates the absence of modern 'rights' terminology with absence of the ...

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    claim
    Perspectives
    2 (1 for, 1 against)
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    1 edit