Reviewed by: Droit subjectif ou droit objectif? La notion de ius en droit scaramentaire au xiie siècle by Thierry Sol Jason Taliadoros Sol, Thierry. Droit subjectif ou droit objectif? La notion de ius en droit scaramentaire au xiie siècle. Turnhout: Brepols, 2017. Pp. 331. $104. ISBN: 978-2-503-57602-2 Thierry Sol's monograph navigates a particularly difficult subject, whose understanding depends on a precise use of language and terms. For this reviewer, who is accustomed to communicating in the English language, the task is therefore doubly difficult. The title, Droit subjectif ou droit objectif? La notion de ius en droit scaramentaire au xxie siècle, translates as 'Subjective Right or Objective Right?: The Notion of Right in Sacramental Law in the Twelfth Century'. The word droit in French, just like the Latin term it translates, 'ius', can mean either 'right' or 'law' in English. Which of these is meant here? The French terms 'droit subjectif' and 'droit objectif' translate as 'subjective right' and 'objective right' respectively, since the term 'droit' here is intended to capture the broader idea of an entitlement, something due to someone, rather than the narrower English term 'law', which more commonly connotes a normative system, usually in a positivist sense. Of course, the other reason for translating 'droit' as 'right' is that Sol clearly situates his book within the scholarly controversy that has influenced political, historical, and legal historical scholarship on the origin of the use of the concept of subjective right (droit subjectif) in the history of Western European thought: the debate between American medievalist and canon lawyer, Brian Tierney, and French legal theorist, legal historian, and Roman lawyer, Michel Villey. These two men, each of them extremely influential leaders in their respective centres of learning, came up with two very different solutions to this quandary. As to whether they were in fact answering the same question, Sol has something to say on this, of which I will add more below. From Villey's perspective, there was a Copernican-like moment in the fourteenth century in the writings of William Ockham when that author conceived of the novel concept of a subjective right when employing the Latin term [End Page 337] 'ius'; this was significant because previously that same Latin term had designated only an objective right. The distinctive quality in Ockham, for Villey, was that when referring to the term 'ius', Ockham meant also 'potestas', a power in the individual.1 In contrast, Tierney situated this same moment two centuries earlier in the writings of the twelfth-century decretists as they commentated on the swirling meanings of the term ius in the text of Gratian's Decretum. Villey's works on this topic spanned the period from the mid-1940s to the early 1980s, while Tierney's contributions began in the 1960s and have continued right up to the present day. Tierney's Liberty and Law, published in 2014, was the culmination of his 'corpus' on the idea of the subjective, or permissive, right, which I reviewed in a recent volume of this journal.2 Now Brian Tierney has joined Michel Villey as another master scholar to have passed from us.3 Thierry Sol's stated aim in writing this book is not, like Tierney or Villey, to find the historical a priori starting point for 'individual rights' but instead to pursue 'a subjective way of thinking of rights, beginning from faculties and powers that a man can use'.4 Sol's perspective is that of the theologian and the canonist as his focus is on how this subjective way of thinking manifests itself in the 'munus sanctificandi', one of the offices or duties of the ordained priest, namely that of sanctifying (including the right of celebrating the sacraments and the associated right of [End Page 338] binding and loosing, excommunicating and deposing). This office of sanctifying, Sol notes, was also a major preoccupation of canon lawyers in the twelfth century, the period to which he confines his study. So centring his study on this essential role of the priest, the central question Sol asks himself is this:5 is the right of celebrating [the sacraments] (ius...