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4 - Greek Subjective Rights?

Justice, Legal Discourse, and Legal Institutions

Published online by Cambridge University Press:  31 January 2026

Clifford Ando
Affiliation:
University of Chicago
Mirko Canevaro
Affiliation:
University of Edinburgh
Benjamin Straumann
Affiliation:
New York University
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Summary

In August 1989, on the occasion of the bicentennial of the French Revolution, Le Monde published an interview with Margaret Thatcher, then Prime Minister of the United Kingdom. In that interview Thatcher, in France at the time as an honored guest of French President François Mitterrand, asserted that claims that the notion of subjective rights originated with the French Revolution, and specifically with the Declaration of the Rights of Man and of the Citizen of August 1789, are nonsense. The socialist French Prime Minister Michel Rocard criticized Thatcher vocally, and her arrival at the bicentennial celebrations was met with jeers, yet many historians today would agree with her, whatever their preferred origin point(s) for a concept of subjective rights. What is more controversial is Thatcher’s alternative account of the origins of the notion of subjective rights: to her, they had been invented by the Greeks, and were already foundational to Athenian democracy.

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Further Reading

Blok, J., Citizenship in Classical Athens (Cambridge, Cambridge University Press, 2017).CrossRefGoogle Scholar
Burnyeat, M. F., Explorations in Ancient and Modern Philosophy, 2 vols. (New York, Cambridge University Press, 2012), vol. ii, p. 282.Google Scholar
Cairns, D. L., Aidôs: The Psychology and Ethics of Honour and Shame in Ancient Greek Literature (Oxford, Clarendon Press, 1993).Google Scholar
Cairns, D. L., “Honour and Shame: Modern Controversies and Ancient Values,” Critical Quarterly 53 (2011), 2341.CrossRefGoogle Scholar
Cairns, D. L., “Revenge, Punishment, and Justice in Athenian Homicide Law,” Journal of Value Inquiry 49 (2015), 645–65.CrossRefGoogle Scholar
Cairns, D. L., “Honour and Kingship in Herodotus: Status, Role, and the Limits of Self-Assertion,” Front. Philos. China 14/1 (2019), 7593.Google Scholar
Cairns, D. L., Canevaro, M., and Mantzouranis, K., “Recognition and Redistribution in Aristotle’s Account of Stasis,” Polis 39 (2022), 134.CrossRefGoogle Scholar
Canevaro, M., “The Rule of Law as the Measure of Political Legitimacy in the Greek City States,” Hague Journal on the Rule of Law 9 (2017), 211–36.CrossRefGoogle Scholar
Canevaro, M., “The Public Charge for Hubris against Slaves: The Honour of the Victim and the Honour of the Hubristēs,” JHS 138 (2018), 100–26.Google Scholar
Canevaro, M., “I diritti come spazio di socialità: la timē tra diritto e dovere,” Classici Contro 15 (2020), 157–77.Google Scholar
Cartledge, P., and Edge, M., “‘Rights,’ Individuals and Communities in Ancient Greece,” in Balot, Ryan K. (ed.), A Companion to Greek and Roman Political Thought (Hoboken, NJ, Wiley, 2009), pp. 149–63.Google Scholar
Fisher, N. R. E., Hybris: A Study in the Values of Honour and Shame in Ancient Greece (Warminster, Aris & Phillips, 1992).Google Scholar
Hansen, M. H., “The Ancient Athenian and the Modern Liberal View of Liberty as a Democratic Ideal,” in Ober, J. and Hedrick, Charles W. Jr. (eds.), Dēmokratia: A Conversation on Democracies, Ancient and Modern (Princeton, NJ, Princeton University Press, 1996), pp. 91104.Google Scholar
Harris, E. M., The Rule of Law in Action in Democratic Athens (New York, Oxford University Press, 2013).CrossRefGoogle Scholar
Harris, E. M., and Canevaro, M. (eds.), The Oxford Handbook of Ancient Greek Law (Oxford, Oxford University Press, online, 2020).Google Scholar
Hohfeld, W. N., Fundamental Legal Concepts (New Haven, CT, Yale University Press, 1919).Google Scholar
MacDowell, D. M., The Law in Classical Athens (London, Thames & Hudson, 1978).Google Scholar
Miller, F. D., Nature, Justice, and Rights in Aristotle’s Politics (Oxford, Clarendon Press, 1995).Google Scholar
Miller, F. D., “Legal and Political Rights in Demosthenes and Aristotle,” Philosophical Inquiry 27/1–2 (2006), 2760.CrossRefGoogle Scholar
Ostwald, M., “Shares and Rights: ‘Citizenship’ Greek Style and American Style,” in Ober, J. and Hedrick, Charles W. Jr. (eds.), Dēmokratia: A Conversation on Democracies, Ancient and Modern (Princeton, NJ, Princeton University Press, 1996), pp. 4961.Google Scholar
Pelloso, C., Themis e dike in Omero. Ai primordi del diritto dei Greci (Alessandria, Edizioni dell’Orso, 2012).Google Scholar
Schofield, M., “Sharing in the Constitution,” Review of Metaphysics 49 (1996), 831–58.Google Scholar

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