Google AI: Michel Villey’s theory diagnoses the shift in Western legal philosophy from "classical objective right" to "modern subjective rights," viewing human rights as an ideological distortion that divorces law from reality.Core ConceptsClassical Objective Right (Iustum): Rooted in Aristotelian and Thomistic natural law. It views the law as a cosmic or social objective order. "Right" was not a possession of a person, but rather the just proportion or balance to be discovered in the external world (e.g., giving each person their due in a specific relationship or transaction).Nominalism: A philosophical movement championed by thinkers like William of Ockham that denied the existence of universal truths or inherent natures. It posited that reality consists only of isolated particulars.Modern Subjective Right (Facultas): Because nominalism denied objective meaning in nature, the foundation of reality shifted to the individual will. Law was thereby inverted from an objective cosmic order into a personal, arbitrary power, property, or claim inherent to a subject.The Transition to "Human Rights"Villey argued this semantic revolution completely redefined the concept of ius (law/right) in the Western world.From Action to Power: Ius shifted from meaning "that which is just" (objective) to "a power possessed by an individual" (subjective).The Will as Creator: In the modern formulation (seen in thinkers like Hobbes, Locke, and later natural rights theorists), the individual’s subjective will becomes the source of moral and legal authority, irrespective of the external, natural order.Villey's Critique: Villey was fiercely critical of this development. He viewed modern human rights as dangerous fictions that atomized society, stripped law of its relational and objective character, and ultimately led to self-defeating subjective claims of personal power.
Michel Villey’s theory diagnoses the shift in Western legal philosophy from "classical objective right" to "modern subjective rights," viewing human rights as an ideological distortion that divorces law from reality. [1, 2]
Core Concepts
- Classical Objective Right (Iustum): Rooted in Aristotelian and Thomistic natural law. It views the law as a cosmic or social objective order. "Right" was not a possession of a person, but rather the just proportion or balance to be discovered in the external world (e.g., giving each person their due in a specific relationship or transaction). [1, 2, 3, 5]
- Nominalism: A philosophical movement championed by thinkers like William of Ockham that denied the existence of universal truths or inherent natures. It posited that reality consists only of isolated particulars. [1, 2]
- Modern Subjective Right (Facultas): Because nominalism denied objective meaning in nature, the foundation of reality shifted to the individual will. Law was thereby inverted from an objective cosmic order into a personal, arbitrary power, property, or claim inherent to a subject. [1, 2, 3, 4, 5]
The Transition to "Human Rights"
- From Action to Power: Ius shifted from meaning "that which is just" (objective) to "a power possessed by an individual" (subjective). [1, 2, 3, 4, 5]
- The Will as Creator: In the modern formulation (seen in thinkers like Hobbes, Locke, and later natural rights theorists), the individual’s subjective will becomes the source of moral and legal authority, irrespective of the external, natural order. [1, 2]
- Villey's Critique: Villey was fiercely critical of this development. He viewed modern human rights as dangerous fictions that atomized society, stripped law of its relational and objective character, and ultimately led to self-defeating subjective claims of personal power. [1, 2]
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