Invention of subjective rights
November 15, 2019 08:44 Source: "China Social Sciences", November 15, 2019, Issue 1816 Author: Yang Tianjiang

We live in an era with prosperity of rights。Although not everyone knows the origin of the concept of rights,Resort of rights has become the normal life of many people。If you don’t want to talk about your rights unknown,We have to figure out its ins and out。Research its origin,The term "right" we use today comes from the translation and creation of English "Right"。1960s,W.A. P. Martin (W.A. P. Martin) in the United States translated the concept of "rights" and "rights"。Such translation activities not only faded the traditional meaning of "power and goods" of the word "right",It has also shaped people’s concept of modern rights,It begins to understand the right as a thing that can be possessed and enjoyed by individuals。

The English word "Right" has multiple meanings,"Right" translated as "right" derived in Latin "Rectus" (straight、Positive)。"Rectus" and "Directum" of "Directum" of Calligraphy,and other words corresponding to "Right" in Indo -Europe are its variants,Like French "Droit","Diritto"bet365 Play online games ,"Derecho" in Spanish。And,You can also go back to the Sanskrit "RJU" or "Riju" (straight through the Greek "Orektos"、Positive)。From the perspective of the source of the word,Whether it is "Right",Or "Droit", "Diritto" and "Derecho",All contain the meaning of "straight",And this "straight" not only involves the description of physical phenomena of the natural field,It also involves evaluation of moral phenomena in the humanities。

According to the usual understanding,"Right" and "straight" have different meanings.。Through the survey in this source of words, you can find it,"Rights" does not completely cover the connotation of words such as "Right"。Question: Does the lack of concepts that indicate rights mean the concept of rights? The purpose of raising this is designed to explore,​​If the concept of rights is not common,So how should those culture that produces the concept of rights should be treated with a culture that does not produce this concept。

Whether it is translating "Right" as "rights",Or "Right" and other words in the Indo -European language and derivatives,In fact, it is not just a question of a language usage,There are complicated conceptual history problems behind it。Rights originally Bet365 app download meant the scale or standard of action,Close to the meaning of "rule"。If a certain behavior is made based on rights,It is equivalent to it that it is made in accordance with the correct standard,So do it is justified。Then,The behavior done according to rights is considered "one right"。So,From "I can do something because it is correct" to "I can do something because I have the right"。The result of the result is,"Rights" has a dual meaning: it can not only mean the standard of behavior,and can mean a legitimate appeal for doing a certain behavior。

This change has produced the expression of "one right",The concept of "having power" has been formed。It can be said,It is because of this change that there is a subjective understanding of subjective rights (Subjective Right) or rights。Its expression is,"x has the right to do something or has the right to something",Among them, x indicates that one person or a group of people。It can be called a period of objective rights。The objective understanding of the rights can be expressed in the formula of "P is the right" formula,P represents a proposition that describes practical facts or possible facts。"P is correct" is equivalent to "P should appear" or "P is legitimate"Bet365 app download 。Subjective rights should express the subject and object、The moral relationship between behavior and facts,Objective rights are full of a situation、Comprehensive moral evaluation。The former highlights the person who has the authority。The concept of subjective rights is undoubtedly born of objective rights。But when it occurs when it occurs, it is attributed to the question of whom,There are three different explanations。

The first explanation believes,Objective rights are rights in the sense of justice,"Dikai" in Aristoto Ethics,The "IUS" (rights) in the Roman France during the classic period and the Byzantine period are all of this。It refers to the fair share that people deserve between people,instead of a certain kind of personal thing。It is this objective meaning through Roman French studies and discovery of Aristoto ethics,and Aquina's synthesis into the medieval discussion。and in the late 13th and 14th centuries of will and the only famous theoretical person appeared as Aquina's theoretical opponent,They are regarded as the destructors of Thomasist comprehensive methods,Persistence of individualist philosophy,So the origin of subjective rights is logical to them。

The second explanation believes,The subjective bet365 Play online games understanding of rights requires the concept of the law in the tradition of will。Will the dealers understand the law as the will of the legislators,It is imposed on personal,As long as it is not ordered by the will of such a legislator,People are freedom or enjoy freedom。In other words,Freedom of the constraints of individuals from law,Defined a absolute scope of action,This range is the boundary of personal subjective rights。Inside the border is the field of personal will,It is their will to make them free。A subjective rights are considered a quality of the subject、A ability,Say more accurately,A exemption、A kind of freedom and a action possibility。In this sense,Rights are the "POTESTAS" (Power)。

The third explanation believes,The generation of subjective rights is related to the concept of property。It regards its rights as we can enjoy、A certain property that adheres to and uses (Property)。This depends on regarding the rights as personal property and as a model of rights to view this modern right language。So,Subjective rights have become a field of personal dominance。The origin of this concept can be traced back to the discussion of the property rights of the early Fangji in the early days,It was bet365 best casino games a systematic explanation in the mid -13th century in the middle of the 13th century about the poor monk's poor monk。The poverty that the monk is considered to be completely abandoned,Not only does it completely abandon the ownership of foreign objects (dominium),Also give up the master of your own own will,Its core topic is the equivalent of "IUS" (rights) and "dominium" (ownership)。

Although the wording of subjective rights and objective rights may be misleading,Because it feels like it is objective and more real,More superiority than subjective rights,But the invention of subjective rights is a major contribution for the formation of modern rights: rights have changed from fair things to a moral ability that everyone targets their own property or their deserves。

(Author is an associate professor at the School of Administrative Law, Southwest University of Political Science and Law)

Editor in charge: Changchang
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