Research on Subjectivity and Private Rights System: Based on a Historical Examination of Property and Contracts

Author: Peng Chengxin
Publisher:
Publish Date: 2005-05-01
Features: Only when a person becomes a legal person, i.e., a subject of rights, can they become a moral person. A moral subject must first be a legal subject. Every subject pursues its own interests, and only those interests affirmed by due process (the principle of justice) can be elevated to rights. Justice is therefore both the procedure for evaluating the legitimacy of interests and the result of such evaluation, i.e., legitimate interests. Justice is the core of rights and also the bridge for interests to become rights. The legal system of justice also requires just (possessing intrinsic value) people to realize it. Legal subjects must ultimately also be moral subjects.