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Austin 1954, 285–8...noted that in Latin the name which signifies right as 17 The two senses...meaning faculty, also signifies law: “jus [. . .] denoting indifferently either of these two” (Austin 1954, 287), and complained that the German writers, like Kant and many of his followers, often blurred the two meanings, and that when they distinguished objektives from subjektives Recht, they erred in taking Recht to signify one genus divided into “two species or sorts,” in spite of the fact that “law” and “faculty” cannot be so understood.19 The confusion of law and right, he continued (see Austin 1954, 288), is avoided by our writers because commonly the two things denoted have these clearly different words to denote them. Austin’s commitment to the theory that all moral and legal duties are commands from a superior able to enforce them made it difficult for him to make sense of the notions of the obligation-creating power of autonomous willing and of the intrinsic value of personhood

https://openresearch-repository.anu.edu.au/server/api/core/bitstreams/e8a3222c-2bdc-4bcf-900c-f161372e7273/content

How Rights Became “Subjective”


The Australian National University
https://openresearch-repository.anu.edu.au › content
by T MAUTNER2013Cited by 17 — It emerged in certain recent scholarly investigations of the rights-concepts used by mediaeval and early-modern authors such as Aquinas, Ockham, Gerson, Suárez, ...
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