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Right As A Part Of The Legal Relationship

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Chapter Summary

The differentiation between law in the objective sense and the subjective sense has been one of the classic differentiations in classic General Theory of Law. It is traditionally said that law is the set of norms which regulate conduct ("norma agendi"). Unlike this, right would be the subject's power to act, protected by the norm ("facultas agendi"). These two concepts of law are heterogeneous: one is rule and the other is the ability to act. This chapter examines how the notion of right has been developed in the doctrine throughout history. It focuses on concept of right in rationalist iusnaturalism, affirming that in the doctrine, the term "ius" is used in two senses: positive (as a moral authority which may only be exercised on persons, and which is realised in the power to impose an obligation thereon) and negative (absence of a power to claim the "suum" of primary rights).

Keywords: classic General Theory of Law; facultas agendi; norma agendi; primary rights



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