Difference between revisions of "A Positive Model Of Rights"
From Critiques Of Libertarianism
| Line 59: | Line 59: | ||
In English prose: | In English prose: | ||
| − | :A "right" is of the form "'''RightHolder''' (R) claims a right to control a '''Thing''' (T), receiving '''Benefits''' (B); | + | :A "right" is of the form "'''RightHolder''' (R) claims a right to control a '''Thing''' (T), receiving '''Benefits''' (B); with a correlate obligation (or duty) for '''DutyBearers''' (D) to permit this despite incurring '''Opportunity Costs''' (O) because of threatened '''Penalties''' (P) produced at a '''Cost''' (C) by an '''Enforcer''' (E) paid '''Fees''' (F)". |
'''Benefits''' (B), '''Opportunity Costs''' (O), '''Penalties''' (P), '''Cost''' (C) and '''Fees''' (F) are all assumed to be values | '''Benefits''' (B), '''Opportunity Costs''' (O), '''Penalties''' (P), '''Cost''' (C) and '''Fees''' (F) are all assumed to be values | ||
| Line 128: | Line 128: | ||
=== Differences In Rights Between Jurisdictions === | === Differences In Rights Between Jurisdictions === | ||
| + | |||
| + | == Rights Versus Liberties == | ||
| + | A Right in this model includes a liberty (a Hohfeldian no-right to enjoy Benefits) that is protected from interference by enforced Duty. All Duty removes liberty (in this case by created Opportunity Costs and Penalties) from DutyBearers. | ||
== Competition Between Alternative Rights Claims == | == Competition Between Alternative Rights Claims == | ||
