Читать книгу Critique of Rights - Christoph Menke - Страница 22

The first axis around which the distinction of three historical legal systems – Athens, Rome, London – revolves is the legal claim’s essential character (by which one person is able to obligate another). In all three regimes, law gives rise to individual claims in two fundamentally different ways: by dividing what is common or by legalizing the natural. This immediately involves a second axis of distinction, however. It concerns the essence of juridical governance – the meaning of the “legality” [Gesetzlichkeit] that defines law: why, to what end, and over what does law rule in giving rise to claims? In these three regimes, how does law understand the fact that it must rule, in order to safeguard claims? And how does it understand the fact that the claims of individuals against each other only exist under the rule of law?