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| | == A Positive Model Of Rights == | | == A Positive Model Of Rights == |
| − | A good model of rights should be consistent with observations from law, economics, and anthropology. If it is based on observation, we can call it a positive model, like models in the sciences.(But not necessarily philosophy.) | + | {{:A Positive Model Of Rights}} |
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| − | [[Image:Rights2.jpg|400px]]
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| − | An enforced right can be modeled as a social and economic relationship between three groups about a thing.
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| − | The three groups and thing (blue circles) are:
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| − | * The '''RightHolder''', which may be one or more people who get to use the Thing.
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| − | * The '''DutyBearers''', who have a duty to respect the right.
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| − | * The '''Enforcer''', ranging from an individual to a government, who enforces the right.
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| − | * The '''Thing''', which may be abstract like a copyright or concrete like land.
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| − | Four claims (dotted, gray arrows) are made:
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| − | * The RightHolder makes a '''Rights Claim''' to the DutyBearer.
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| − | * The RightHolder makes a '''Duty Claim''' to the DutyBearer.
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| − | * The RightHolder makes an '''Enforcement Claim''' to the Enforcer.
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| − | * The Enforcer makes a '''Threat Claim''' to the DutyBearer.
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| − | The economic values (black for profits, red for losses):
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| − | * The RightHolder gets '''Benefits''' from the Thing.
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| − | * The Enforcer gets '''Fees''' from the RightHolder, DutyBearers and/or the Thing itself.
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| − | * The DutyBearers lose value from the '''Opportunity Costs''' of not using the Thing<br>or from '''Penalties''' from the Enforcer.
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| | == Compound Rights == | | == Compound Rights == |
