Subjective right and property: notes on Michel Villey's thomism

Abstract

In a series of important books and papers, Michel Villey argued that the
origin of the subjective rights should not be found in the Roman Law or in
Thomas Aquinas’ philosophy, but in the nominalism created by William of
Ockham. The aim of this paper is to suggest that Villey’s interpretation is too
strong. So, the article is divided in three parts. In the first one, some important
texts of the Roman Law are analysed. The second one deals with Aquina’s
conception of property and rights. To conclude, some notes on Villey’s general
thesis are added.