Difference between revisions of "What Are Rights?"
From Critiques Of Libertarianism
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For the sake of simplicity, we are only going to consider right (also known as claim right) and duty. A right can be expressed as "R has a right against D to T". For example, Anne has a right against everybody to use her car. '''For every right, there is a correlative duty.''' A duty can be expressed as "D has a duty to R to T". For example, everybody has a duty to Anne to let her use her car. You cannot have a right without creating a duty. | For the sake of simplicity, we are only going to consider right (also known as claim right) and duty. A right can be expressed as "R has a right against D to T". For example, Anne has a right against everybody to use her car. '''For every right, there is a correlative duty.''' A duty can be expressed as "D has a duty to R to T". For example, everybody has a duty to Anne to let her use her car. You cannot have a right without creating a duty. | ||
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| + | Libertarians sometimes give lip service to Hohfeld, but the general pattern is to conveniently forget that rights create duties.<ref>[[Robert Nozick]] does not index "duty" in [[Anarchy, State, and Utopia]], and indexes Hohfeld only to refer to a meaning of liberty. [[David Boaz]] does not index "duty" or Hohfeld in [[Libertarianism: A Primer]]. [[The Encyclopedia Of Libertarianism]] does not index "duty", but erroneously discusses Hohfeld and duty briefly (without a citation) under Natural Rights: Hohfeld wrote about legally created rights, not natural rights. [[Jan Narveson]] correctly uses rights and duties in [[The Libertarian Idea]], but doesn't credit Hohfeld or anybody else in the legal tradition.</ref> | ||
For more on Hohfeld's classification see: | For more on Hohfeld's classification see: | ||
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{{:A Positive Model Of Rights}} | {{:A Positive Model Of Rights}} | ||
| + | == Enforcement Is Necessary To Rights == | ||
| + | == Negative Duties Are Free? == | ||
== Compound Rights == | == Compound Rights == | ||
== Positive And Negative Rights? == | == Positive And Negative Rights? == | ||
== Absolute Rights? == | == Absolute Rights? == | ||
== Spheres Of Rights? == | == Spheres Of Rights? == | ||
| + | == Notes == | ||
| + | <references/> | ||
