Research on Subjectivity and Private Rights System

Author: Peng Chengxin
Publisher:
Publish Date: 2005-05-01
Features: A person can only become a morally significant person if they first become a legally significant person, i.e., a subject of rights. 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 process 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 itself, which embodies justice (having intrinsic value), also requires just individuals to realize it. Legal subjects must ultimately also be moral subjects.