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Villey: ****rights claimed are ultimately based on subjective whim**** Villey is not content to criti­cize abuses. Rather, he presents the whole modern attempt to base a system of jurisprudence on an affirmation of individual rights as funda­ mentally misguided. He describes this modern enterprise as Utopian, arbitrary and sterile. It is Utopian because the supposed absolute rights are fictions; they usually do not exist in actual law or in real life. Rights theo­ ries are arbitrary because the rights claimed are ultimately based on subjective whim; they lead on to a debased understanding of justice as "nothing but a label you attach to your own subjective preferences." And modern rights theories are sterile because they cannot form the basis of a coherent jurisprudence. 33

https://dokumen.pub/idea-of-natural-rights-studies-on-natural-rights-natural-law-and-church-law-1150-1625-0788503553.html#:~:text=of%20medieval%20fe%2C(ts%20collected%20in%20a%20long,in%20the%20writings%20of%20the%20medieval%20glossators. Villey: ****rights claimed are ultimately based on subjective whim**** Villey is not content to criti­cize abuses. Rather, he presents the whole modern attempt to base a system of jurisprudence on an affirmation of individual rights as funda­ mentally misguided. He describes this modern enterprise as Utopian, arbitrary and sterile. It is Utopian because the supposed absolute rights are fictions; they usually do not exist in actual law or in real life. Rights theo­ ries are arbitrary because the rights claimed are ultimately based on subjective whim; they lead on to a debased understanding of justice as "nothing but a label you attach to your own subjective preferences." And modern rights theories are sterile because they cannot form the basi...
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Villey denounced "the religion of Human Rights," seeing it as an imposture—a profusion of excessive promises that are inevitably disappointing and ultimately contradictory and unjust: contradictory when these rights are considered together, and unjust when they are considered separately.⁶ Since rights are always correlated with a particular, situated legal system, it would be absurd to formulate universal rights. Villey may be described as an anti-modern thinker in the manner of Burke, whom he claimed as an influence, or rather, as Olivier Jouanjan observes, as "counter-modern," precisely because his position is grounded in a conception of modernity⁷ identified as a loss—the loss of a reconstructed Roman law purged of its Stoic elements, stripped of any role in the emergence of the legal subject, and tied to Aristotle's conception of law. Although Villey's critique of human rights echoes older criticisms and more recent ones that denounce the proliferation of rights as a factor in social and political erosion,⁸ one must examine the formation of three concepts to understand his account of the genesis of modern law and human rights: the legal subject, legal voluntarism, and the combination of these two in contractualism.

 https://chatgpt.com/translate/?utm_source=google&utm_medium=paid_search&c_id=23527963163&c_agid=193616260518&c_crid=795995986975&c_kwid=kwd-738008411&c_ims=&c_pms=9031934&c_nw=g&c_dvc=c&gad_source=1&gad_campaignid=23527963163&gbraid=0AAAAA-I0E5dUgctTkj185x6JQuoEWB--C&gclid=Cj0KCQjw-MDTBhCgARIsAKAkdlQdC1jT8zKpiEtC9Etjl1JyxGOfl48Zp4jfCDWwVIY5OqbhGgKOswMaAhKjEALw_wcB Michel Villey, Law and Philosophy   Julie Saada pp. 599–610 Detailed outline   Full text It may seem surprising to pay tribute to Pierre-François Moreau with a contribution on Michel Villey, given how far apart their respective intellectual and political positions are.¹ Yet it was through Pierre-François that I first discovered Michel Villey's work when I was a doctoral student, and I learned so much from it about the history of law and philosophy. Pierre-François himself also recounted how he came to know of Villey's work: when "law and politics" be...
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