Claim Rights And Liberty Rights
Some philosophers and political scientists make a distinction between claim rights and liberty rights. A claim right is a right which entails responsibilities, duties, or obligations on other parties regarding the right-holder. In contrast, a liberty right is a right which does not entail obligations on other parties, but rather only freedom or permission for the right-holder. The distinction between these two senses of "rights" originates in American jurist Wesley Newcomb Hohfeld's analysis thereof in his seminal work Fundamental Legal Conceptions, As Applied in Judicial Reasoning and Other Legal Essays.
Liberty rights and claim rights are the inverse of one another: a person has a liberty right permitting him to do something only if there is no other person who has a claim right forbidding him from doing so; and likewise, if a person has a claim right against someone else, that other person's liberty is thus limited. This is because the deontic concepts of obligation and permission are De Morgan dual; a person is permitted to do all and only the things he is not obliged to refrain from, and obliged to do all and only the things he is not permitted to refrain from.
Read more about Claim Rights And Liberty Rights: Overview, Second-order Rights
Famous quotes containing the words claim, rights and/or liberty:
“I call her old. She has one family
Whose claim is good to being settled here
Before the era of colonization,
And before that of exploration even.
John Smith remarked them as he coasted by....”
—Robert Frost (1874–1963)
“We live in a highly industrialized society and every member of the Black nation must be as academically and technologically developed as possible. To wage a revolution, we need competent teachers, doctors, nurses, electronics experts, chemists, biologists, physicists, political scientists, and so on and so forth. Black women sitting at home reading bedtime stories to their children are just not going to make it.”
—Frances Beale, African American feminist and civil rights activist. The Black Woman, ch. 14 (1970)
“Man has lost the basic skill of the ape, the ability to scratch its back. Which gave it extraordinary independence, and the liberty to associate for reasons other than the need for mutual back-scratching.”
—Jean Baudrillard (b. 1929)