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本文首先对Subjective Rights一词文本起源、内涵、演变等作了较为系统地梳理,认为它是中世纪的有限的权利,作为人的主体的权利,也是中世纪西欧法律和法律结构向近代变化的重要标志:自然法向自然权利的转变,客观的法为重心向个体权利为重心的转变。为表述该概念中昭示的人的主体性及其在西欧中世纪法律政治建构中的重要性,故译为“主体权利”。主体权利起源于12世纪,从此西欧存在两种法系,即源于上帝的“神法”或人之本性的“自然法”与“人法”、“实定法”并立。两种法系存在距离,但前者总是作为后者的内在原则出现,并对后者的走向有着巨大的影响。主体权利观念是西方文明之魂,是现代权利和权利思想的母体,是解读西方历史与社会的重要切入点。
This paper first systematically sorts out the origin, connotation and evolution of the word “Subjective Rights” as a limited right in the Middle Ages and as the main body of the human rights, which is also an important symbol of the changes of law and legal structure in Western Europe to the modern times in the Middle Ages : The natural law to the natural rights of the change, the objective law as the focus of the individual rights as the center of the change. To express the concept of man’s subjectivity and its importance in the legal construction of Western Europe in the Middle Ages, it is translated as “subjective rights.” The rights of the subject originated in the 12th century. From then on, there are two kinds of legal systems in Western Europe, that is, the “natural law” derived from God’s “God Law” or the nature of human beings and the “Human Law” and “Act of Conflicts.” There is a distance between the two legal systems, but the former always appears as the inherent principle of the latter and has a huge impact on the latter’s direction. The concept of subjective rights is the soul of western civilization, the mother of modern ideas of rights and rights, and an important starting point for the interpretation of western history and society.