Interest Theory of Right —There are some jurists who say, that fundamental basis of right is an “interest” and not They argue, that a person may not have a will but still he has rights. Preliminary Intuitions about Rights; 5. N. MacCormick ?Children?s Rights: A Test-Case for Theories of Rights?, in his Legal Right and Social Democracy: Essays in Legal and Political Philosophy (Clarendon, 1984), available online via the library. By Michelle Maiese September 2004 Approaches to Dispute Resolution Mari Fitzduff talks about ways to persuade parties that peace is in their best interest. This review of the will and interest theory has simply examined the issue of whether the denial of children’s rights can be thought of as a test case for the probity of the will theory. A frame is essentially a lens through which individuals perceive, interpret, and respond to a particular situation. Rights are generally defined as justified claims for the protection of general interests. By Matthew H. Kramer, Published on 01/01/10. There may of course be other considerations that tell against the will theory and in favour of the interest theory… According to the benefit theory, having a right is the same thing as being the beneficiary of the performance of another person’s duty. One way to answer this question, and consequently provide a way to Thus, “a baby of one day old, and irrational idiot, a corporation or a foundation” cannot be said to have a will, but in law they have right. • The interest theory fits rights passively to enjoy or not to suffer things (to receive health care, not to be tortured). 9. These are protected and enforced by the laws of the state. The interest theory of rights – Steiner: 1. On Raz’s interest theory of rights, “‘X has a right’ if and only if X can have rights, and, other things being equal, an aspect of X’s well-being (his interest) is a sufficient reason for holding some other person(s) to be under a duty” (p. 166). Some real problems with the interest Theory) ? Utilitarianism: Theories of rights: There are compelling theories of rights offered by several theorists. The point of this work is to help address the detrimental proliferation of human rights by answering a deceptively simple question: what ought human rights do for right-holders? 1 To this it has been objected that having an interest that grounds a … Recommended Citation. Rights need enforcement and only then these can be really used by the people. Matthew H. Kramer; Refining the Interest Theory of Rights, The American Journal of Jurisprudence, Volume 55, Issue 1, 1 January 2010, Pages 31–39, https://doi. RIGHTS THEORY. The choice theory is motivated by two objections to a rival theory, the benefit (or interest) theory of rights. It is the duty of a state to protect the rights of the people. Of rights: There are compelling theories of rights generally defined as claims! 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