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Nature of Rights- Wenar.docx

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Department
Philosophy
Course
Philosophy 2810F/G
Professor
Jennifer Epp
Semester
Fall

Description
THE NATURE OF RIGHTS – LEIF WENAR  Will theorists argued that the function of rights is to allocate domains of freedom  Resolve the dispute between the will and interest theories A MODIFIED HOHFELDIAN FRAMEWORK  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 PRIVILEDGES – police example  Also called a liberty or a license – single privilege confers a exemption from a general duty  According to the form of its assertion – a paired privledge is composed of two privledges. The holder of a paired privilege has a privilege  Entitled to perform some action or not to perform the action, as he pleases  The function of a right that is a paired privilege is to endow the bearer with discretion or choice, concerning some action  The function of the two privileges in a paired privilege right is together to endow the rightholder with discretion concerning some action CLAIMS – Miranda Rights example  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  Claims-rights can entitle its bearer to protection against harm or paternalism, or to provision or to a specific performance POWERS AND IMMUNITIES  Higher order Hohfeldian incident – rights to alter our privileges and claims but rights that our privileges and claims not be altered  To havea power is to have the ability within a set of rules to create, waive or annul some lower order incidents  All rights that are power confer authority. Rights that are single power confer nondiscretionary authority  You have the power to waiv
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