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Google AI: Michel Villey argued that the modern concept of "subjective rights" (subjectiva jura)—inherent claims possessed by individuals—stems from a distortion of classical Roman law, originating in 14th-century nominalism (specifically William of Ockham). He believed this ultimately led to the highly individualistic rights discourse of Hobbes and Locke.Exploring the historical and philosophical impact of this critique offers two fascinating avenues:1. The Lineage to Hobbes and LockeNominalism to Liberalism: Tracing how Villey argued Ockham's theological nominalism birthed the idea that humans possess an individual "will" and personal rights to things, laying the groundwork for Hobbes and Locke to develop the modern state of nature.The "State of Nature" & Self-Preservation: Examining how Hobbes and Locke translated these subjective rights into a baseline right to self-preservation and property, setting the foundation for the social contract.The Shift from Duties to Rights: Exploring Villey’s critique that this movement replaced the classical, objective framework of justice (finding what is fair in a given relationship) with a focus on self-interested individual liberty.

Michel Villey argued that the modern concept of "subjective rights" (subjectiva jura)—inherent claims possessed by individuals—stems from a distortion of classical Roman law, originating in 14th-century nominalism (specifically William of Ockham). He believed this ultimately led to the highly individualistic rights discourse of Hobbes and Locke. [1, 2, 3]
Exploring the historical and philosophical impact of this critique offers two fascinating avenues:
1. The Lineage to Hobbes and Locke
  • Nominalism to Liberalism: Tracing how Villey argued Ockham's theological nominalism birthed the idea that humans possess an individual "will" and personal rights to things, laying the groundwork for Hobbes and Locke to develop the modern state of nature. [1, 2, 3]
  • The "State of Nature" & Self-Preservation: Examining how Hobbes and Locke translated these subjective rights into a baseline right to self-preservation and property, setting the foundation for the social contract. [1, 2]
  • The Shift from Duties to Rights: Exploring Villey’s critique that this movement replaced the classical, objective framework of justice (finding what is fair in a given relationship) with a focus on self-interested individual liberty. [1]

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