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La idea de Finnis de que la noción de derecho subjetivo está ya en Santo Tomás

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p. 76 Of all the different accounts that locate the point of origin in the mediaeval period, the most significant and also the most antithetical are the accounts of Finnis and Milbank. Finnis mounts his arguments for a Thomistic provenance of natural rights in his books Natural Law and Natural Rights and Aquinas. His argument is not that Aquinas directly asserted a theory of natural right, but that a theory of natural right is the ‘logical’ conclusion to be drawn from Aquinas’s understanding of law and justice. A theory of natural rights is, in other words, a ‘legitimate development’ of the Thomistic account of law and justice. Specifically, Finnis argues that the word ius means both ‘right(s)’ and ‘law(s)’ and that these two concepts are rationally connected in the sense that if there is a law against stealing, it follows that one has a right to private property.11 Finnis, Aquinas, ch. 5.

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