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 have been searching history to see if really a woman has any precedent to claim the right to have her rights, and I am compelled to say that we men are not so much ahead of women after all, and the only way we have kept our reputation up is by keeping her down—and don’t you forget it!”
—George E. Foster, U.S. women’s magazine contributor. The Woman’s Magazine, pp. 38-41 (October 1886)
“The freedom to share one’s insights and judgments verbally or in writing is, just like the freedom to think, a holy and inalienable right of humanity that, as a universal human right, is above all the rights of princes.”
—Carl Friedrich Bahrdt (1740–1792)
“Where liberty dwells there is my country.”
—Anonymous. Latin phrase.
Adopted as a motto by U.S. patriot and orator James Otis (1725-1783)