I am profoundly grateful to all those who showed kindness and expertise and patience by generously giving their time to provide much-needed information and advice on drafts of this paper: Robert Barnes, James Grieve, Doug Kelly, John Kilcullen, Alejandra Mancilla, Peter Röper, Anna Wierzbicka, Janet Wilson, all of them in Canberra, Brenda Almond (Sussex), Felicity Baker (London), Kai Børge Hansen (Uppsala), Hans Helander (Uppsala), Lawrence Lerner (Sussex), Lindis Masterman (Melbourne), Markus Stepanians (Aachen), Brian Tierney (Cornell University).
The Notebook Corner, edited by Enrico Pattaro
How Rights Became “Subjective”
Article first published online: 24 FEB 2013
© 2013 The Author. Ratio Juris © 2013 Blackwell Publishing Ltd
Volume 26, Issue 1, pages 111–132, March 2013
How to Cite
Mautner, T. (2013), How Rights Became “Subjective”. Ratio Juris, 26: 111–132. doi: 10.1111/raju.12005
- Issue published online: 24 FEB 2013
- Article first published online: 24 FEB 2013
What is commonly called a right has since about 1980 increasingly come to be called a subjective right. In this paper the origin and rise of this solecism is investigated. Its use can result in a lack of clarity and even confusion. Some aspects of rights-concepts and their history are also discussed. A brief postscript introduces Leibniz's Razor.