傑克．唐納利認為人權是為了回應現代國家所產生的。本文先說明此論點，按照唐納利所強調的國家與市場兩個產生人權的來源加分析，並承認杜那利論說的基本目標在於確定人權的普遍性格。國家與其缺點的普遍化使人權自然產生回應。不過，本文認為杜那利的論述無法說明人權的本質。作為價值與法律之間的特殊產物，人權的產生只能在歐洲中世紀的環境中才得到圓滿的解釋。

Jack Donnelly’s presentation of rights as response to the formation of the modern state is a familiar thesis. This essay expounds the thesis to justify it and present the ways in which rights can be seen as a reaction of the state and the market. It also notes that the value of this argument is that it gives a justification for the universality of human rights by basing this on the universality of the modern state and its shortcomings. However, the paper challenges this version of the origin of rights as inadequate. It argues that rights have a peculiar status between values and laws that can only be accounted for by understanding the positive factors that led to their growth in the European Middle Ages.

權利;價值;國家;市場;普遍性

rights; values; state; market; universality