thing real interest onto-axiology person realism idealism empirical thought utilitarian thought mercantilism nihilism property law family law labor contract university
Servicio de Publicaciones de la Universidad de Navarra
Trigeaud, J.M. (Jean-Marc). "Réel et chose: un langage en déclin? De la régression du droit vers les intérêts". Revista Persona y Derecho. (75), 2016, 267 - 288
The subjective rights sub specie real nature tends to be more and more detached from their reference to the being. Here, the person becomes the outcome of a process issued from its sole action - esse sequitur operari. This is the making of a merchandise. And we can observe this process in property law as well as in familial law, and in labour law as well as in academic policy. Therefore utilitarian thought has imposed interest in place of the being, and then it withdrew roman realism just as rationalistic idealism. Hence the reign of a new concrete and empirical (but collective) subjectivity that only concerns actors on a market. The "service" substituted to the substance of the being here dominates. After the crisis of the possibility of the real mind, we attend the crisis of the real mind; and likewise from the crisis of the real thing to the one of the ideal thing, from the crisis of the object to the one of the subject, which finally leads to nihilism.