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My guess is that this comes from a translation from a language such as German, Czech, Slovak or perhaps other languages, where an analogous term is used. The definition is approximately as follows: Subjective law (or rather right) is a specific possibility of a subject to behave in certain way envisaged by the law (i.e., by the "objective law"), to require certain behaviour from other entities, to exercise certain entitlements and to require from state authorities to enforce certain behaviour from an obliged entity. (Approximate modified translation from Slovak Wikipedia.)

So it is quite apparent that "subjective law" is a calque and I would propose a clearer English equivalent: entitlement (although some claim this is not quite synonymous). If anyone has a better idea, please, contribute!

Milan

P.S.

There is another explanation - in the languages mentioned, "law" and "right" translate into the same word. And to distinguish between them, they use adjectives "objective" for "law" and "subjective" for "right". So "subjective law" could then simply be a "right".

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15y ago

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