Villey's View on Rights: Villey did not completely dismiss the idea of rights but understood them differently. He emphasized objective "iura" [Justice] determined in relation to others and the social order, rather than subjective rights inherent to the individual. He saw the modern concept of subjective rights as a product of nominalist philosophy and individualism, a departure from the classical tradition.

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Michel Villey, a prominent French legal philosopher, critiqued the modern concept of "human rights" arguing they are often deduced from an abstract and unrealistic notion of "man"

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Here's a breakdown of Villey's perspective:

1. Critique of Deductive Approach:

• Villey questioned the prevailing approach of deducing "rights" from a pre-conceived idea of what "man" is, particularly when this idea is abstract and detached from social and historical contexts.
• He believed this approach, characteristic of modern natural rights theories, led to the proclamation of unrealistic and unenforceable "rights". 

2. Importance of "Classical Natural Law":

• Villey advocated for a return to the "classical natural law" tradition, rooted in the philosophy of Aristotle and Thomas Aquinas.
• In this tradition, "law" (ius) is not derived from abstract notions of "man" but from observing the natural order of things and determining what is "just" in concrete situations.
• The role of the jurist is to discern what is "just" (the "ipsa res iusta"), not to invent or proclaim subjective rights. 

3. Villey's View on Rights:

• Villey did not completely dismiss the idea of rights but understood them differently. He emphasized objective "iura" determined in relation to others and the social order, rather than subjective rights inherent to the individual.
• He saw the modern concept of subjective rights as a product of nominalist philosophy and individualism, a departure from the classical tradition. 

In essence, Villey believed that a sound legal and philosophical approach to "rights" should:

• Be grounded in a realistic understanding of human nature within its social and historical context.
• Focus on discerning what is "just" in concrete situations rather than deducing rights from abstract principles.
• Consider the objective "iura" that arise from social relationships and the common good, rather than proclaiming a multitude of subjective rights. 

Note: Villey's critique remains a significant contribution to the debate surrounding human rights, although his views are not universally accepted. 

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