This review of the will and interest theory has simply examined the issue of whether the denial of children’s rights can be thought of as a test case for the probity of the will theory. RIGHTS THEORY. Matthew H. Kramer; Refining the Interest Theory of Rights, The American Journal of Jurisprudence, Volume 55, Issue 1, 1 January 2010, Pages 31–39, https://doi. 9. Rights need enforcement and only then these can be really used by the people. It is the duty of a state to protect the rights of the people. • The interest theory fits rights passively to enjoy or not to suffer things (to receive health care, not to be tortured). These are protected and enforced by the laws of the state. The interest theory of rights – Steiner: 1. Interest Theory of Right —There are some jurists who say, that fundamental basis of right is an “interest” and not They argue, that a person may not have a will but still he has rights. Utilitarianism: According to the benefit theory, having a right is the same thing as being the beneficiary of the performance of another person’s duty. N. MacCormick ?Children?s Rights: A Test-Case for Theories of Rights?, in his Legal Right and Social Democracy: Essays in Legal and Political Philosophy (Clarendon, 1984), available online via the library. A frame is essentially a lens through which individuals perceive, interpret, and respond to a particular situation. Preliminary Intuitions about Rights; 5. Recommended Citation. By Matthew H. Kramer, Published on 01/01/10. Some real problems with the interest Theory) ? Thus, “a baby of one day old, and irrational idiot, a corporation or a foundation” cannot be said to have a will, but in law they have right. By Michelle Maiese September 2004 Approaches to Dispute Resolution Mari Fitzduff talks about ways to persuade parties that peace is in their best interest. The point of this work is to help address the detrimental proliferation of human rights by answering a deceptively simple question: what ought human rights do for right-holders? 1 To this it has been objected that having an interest that grounds a … Theories of rights: There are compelling theories of rights offered by several theorists. Rights are generally defined as justified claims for the protection of general interests. There may of course be other considerations that tell against the will theory and in favour of the interest theory… One way to answer this question, and consequently provide a way to On Raz’s interest theory of rights, “‘X has a right’ if and only if X can have rights, and, other things being equal, an aspect of X’s well-being (his interest) is a sufficient reason for holding some other person(s) to be under a duty” (p. 166). The choice theory is motivated by two objections to a rival theory, the benefit (or interest) theory of rights. 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