^ Compare Frederick Pollock and Frederic William Maitland’s famous remarks on the absence of a direct action by a bailor against the converter of property entrusted to his bailee: “If the men of the thirteenth century, or of yet earlier times, had been asked why the bailor had no action against the third hand, they would not have said, ‘Because he has only a contract to rely upon and a contract binds but those who make it’; they would, we believe, have said, ‘We and our fathers have got on well enough without such an action.’” 2 Frederick Pollock & Frederic William Maitland, The History of English Law Before the Time of Edward I, at 186 (2d ed., Liberty Fund, Inc. 2010) (1895).
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Moral rights, in this sense, are fact-relative: Whether an agent infringes a fact-relative right, or right against injury, depends on what the agent actually does, not on what she reasonably believes she might do.44 Thus an agent who infringes another person’s right against injury does not breach any duty to him, or wrong him, except (perhaps) in the extremely thin sense that her action has in fact injured him.45 Put another way, an agent can infringe another person’s right against injury without in any way mistreating that person or behaving culpably or disrespectfully toward him.，这一点在谷歌中也有详细论述
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