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: A person can only become a morally upright person after first becoming a legally recognized person, i.e., a subject of rights. A morally upright person 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 that transforms interests into rights. Justice in law also requires a just (possessing intrinsic value) person to realize it. Legal subjects must ultimately also be moral subjects.