2. Villey's Critique of Modern Natural Rights and Positivism Subjective Rights and Nominalism: Villey criticized the modern concept of subjective rights (rights inherent in the individual), arguing it stemmed from nominalist metaphysics, which emphasizes individual existence over objective essences and orders. Critique of Deduction from Abstract "Man": He specifically opposed the idea of deducing "rights" from an abstract, universal concept of "man," arguing that it leads to unrealizable and conflicting claims. Human Rights as Political Weapons: Villey saw modern human rights discourse as often serving as a political tool to advance specific interests rather than grounded in objective justice. Positivism's Role: Villey also critiqued legal positivism for reducing law to the commands of the sovereign or the formal pronouncements of the state, neglecting the role of justice and natural law.

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Michel Villey, a prominent 20th-century French legal philosopher, critiqued the modern notion of "human rights" and the way they are often deduced from an abstract concept of "man."

 

Here's a breakdown of his critique in relation to positivism and natural law:

1. Villey's View on Natural Law and the Derivation of "Right"

• Classical Natural Law: Villey championed a return to classical natural law, inspired by Aristotle and Thomas Aquinas, where "right" (ius) is not a subjective attribute inherent in the individual but rather a just distribution of things or a just relation between people.
• Focus on "To Dikaion": In this tradition, the emphasis is on "to dikaion," the just thing or the just action, determined by considering the specific circumstances of a case and the overall order of the city or community.
• Right as an Objective Relation: "Right" is thus an objective concept related to a just ordering of human relationships and not something derived from an abstract, pre-political concept of "man". 

2. Villey's Critique of Modern Natural Rights and Positivism

• Subjective Rights and Nominalism: Villey criticized the modern concept of subjective rights (rights inherent in the individual), arguing it stemmed from nominalist metaphysics, which emphasizes individual existence over objective essences and orders.
• Critique of Deduction from Abstract "Man": He specifically opposed the idea of deducing "rights" from an abstract, universal concept of "man," arguing that it leads to unrealizable and conflicting claims.
• Human Rights as Political Weapons: Villey saw modern human rights discourse as often serving as a political tool to advance specific interests rather than grounded in objective justice.
• Positivism's Role: Villey also critiqued legal positivism for reducing law to the commands of the sovereign or the formal pronouncements of the state, neglecting the role of justice and natural law. 

In essence, Villey argued that the derivation of rights from an abstract notion of "man" is a flawed modern approach, and that a proper understanding of law and justice should be rooted in the objective relations and just distribution of things, rather than individual entitlements deduced from an abstract conception of "man."