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Western University
Philosophy 2810F/G
Jennifer Epp

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  All rights that are powers confer authority. Rights that are single powers confer nondiscretionary authority  You hav
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