美国法学家德肖维茨在《你的权利从哪里来?》一书中批判了自然法学和法律实证主义的权利来源观点,提出并论证了权利源自于人类的恶行之观点。基于这种权利的幽暗之源,德肖维茨有力地阐述了权利体系形成的内在动力,展示了权利的辉煌之果。但由于权利的限度,在权利的幽暗之源与辉煌之果之间出现了逻辑背反的悖论现象,这正是该书的棘手难题。 The American jurist Deschaughts criticized the source of natural law and legal positivism in his book “Where do you come from?”, Put forward and argued that the right originated from the evil deeds of mankind. Based on the dark source of such rights, Dessauvitz elaborated on the inherent impetus of the formation of a system of rights and demonstrated the brilliant fruits of rights. However, due to the limitation of rights, a paradoxical paradox has emerged between the dark source of rights and the glorious fruit. This is precisely the thorny problem of the book.