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Chapter

Philosophy 2810F/G Chapter Notes -Second Fundamental Form, Specific Performance, Monism


Department
Philosophy
Course Code
PHIL 2810F/G
Professor
Jennifer Epp

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READINGS WEEK 1 LECTURE 1 THE NATURE OF RIGHTS LEIF WENAR
Will theorists argued that the function of rights is to allocate domains o freedom
Resolve the dispute between the will and interest theories
MODIFIED HOHFELDIAN FRAMWORK
All assertions of rights can be understood in terms of four basic elements known as the
Hohfeldian incidents
Hohfeldian incidents: the privilege, the claim the power and the immunity
Molecular rights whose structure will be resolvable into combinations of the four atomic
incidents
Rights assertions can be understood in terms of the Hohfeldian incidents
PRIVLEDGES
Also called a liberty or a license
A single privilege confers an exemption from a general duty
According to the form of its assertion
A paired privilege is composed of two privileges. The holder of a paired privilege as a
privilege
Entitled to perform some action, or not to person that action as he pleases
The function of a right that is paired privilege is to endow its bearer with discretion or
choice concerning some action
The function of the two privileges in the paired privilege right is together to endow the
right holder with discretion concerning some action
CLAIMS
Second fundamental form of rights-assertion often implies not a lack of a duty in the
right holder but the presence of a duty in a second party
A claim-right can entitle its bearer to protection against harm or paternalism or to
provision or to specific performance
POWER AND IMMUNITIES
Higher order, Hohfeldian incident rights to alter our privileges and claims and rights that
our privileges and claims not be altered
To have a power is to have the ability within a set of rules to create, waive, or annul
some lower order incident
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