The Philosophy of Law: Supplementary Explanations, II: Justification of the Conception of a Personal Right of a Real Kind
Supplementary Explanations, II: Justification of the Conception of a Personal Right of a Real Kind
The Definition of a Personal Right of a Real Kind may be put shortly and appropriately thus: ‘it is the Right which a man has to have another Person than himself as his.’ I say intentionally a ‘Person;’ for one might have another man who had lost his civil personality and become enslaved as 7m; but such a Real Right is not under consideration here.
Now we have to examine the question whether this conception—described as ‘a new phenomenon in the juristic sky’—is a stella mirdbilis in the sense of growing into a star of the first magnitude, unseen before but gradually vanishing again, yet perhaps destined to return, or whether it is to be regarded as merely a shooting and falling star! l