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    LoyalLoyalJusticeJustice
    Made withinDC&Austin
    Statements
    321,452
    Perspectives
    108,905
    Topics
    42
    Home/Original/inverse
    See Original
    Inverse View

    It is not the case that 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.

    ?Set your confidence on the premises below to see your aggregate.

    Reasons For

    1 perspective
    Reason for
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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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    Reasons Against

    1 perspective
    Reason against
    ?
    • 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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