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Abstract
This dissertation is an historical and philosophical study on the development of a subjective concept of individual rights. It takes the form of a
history of ideas informed by genealogical methods of inquiry. Rather than seeking an origin for and underlying truth to human rights, it treats
human rights as a product of various historical developments which are capable of being investigated in terms of their contingency as well as their
continuous traditions. The thesis begins with an analysis of political theory in ancient Greek thought, primarily as a means of suggesting possible
alternative political philosophies to the rights-based approach dominant in modern Western societies. The thesis then considers the theological/political
discourse on sovereignty in the early Middle Ages, revolving around the doctrine of divine right and influenced by the function of the
Christian Church in defining the nature of government. This is followed by an examination of the emergence of hierarchical, feudal relations and
the formulation of feudal rights as based on proprietary notions and coinciding with individual liberties. In the following chapter there is a
discussion of the juridical construction of sovereign power that emerged from the reception of Roman law and the development of canon law, the
influence of legal textuality on the granting of rights and liberties, and the emergence of a discourse on public right as a way of defining the
relationship between the prince and his subjects and thus delimiting sovereign authority. Finally, the thesis considers the legacy of the theory of
natural rights and its relationship to forms of liberty, with an analysis of: firstly, the idea of natural rights that developed through canon law and the
discussions surrounding the Franciscan poverty disputes; secondly, the role of property rights in the formulation of the rights of liberty; thirdly, the
Christian understanding of liberty as a subjective attribute or power through the theo-ontological theory of human nature as represented by the free
will; and fourthly, the transformation in Renaissance and early modern legal and political theory of the concept of liberty into a political doctrine
about individual autonomy and inherent freedom. The purpose of the dissertation is to describe the multiple and complex historical processes from
which the idea of subjective rights has emerged, as a means of understanding how human rights have come to play a seemingly essential role in
modern legal and political discourses and practices.