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Inverse View
It is not the case that On Hart's account, a right-holder who waives their right demonstrates that control—not benefit—is the defining feature of right-holding.
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Reasons For
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1.
Waiving a right often aims to secure greater benefits (e.g., settling a lawsuit). This suggests benefit-maximization, not control, drives waiver.
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2.
Many rights come with non-waivable duties (e.g., cannot waive right to fair trial completely). This shows control is limited by underlying benefits.
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3.
A right-holder who waives may still expect their interest to be protected through alternative means, indicating benefit remains the defining purpose.
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Reasons Against
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Reason against
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1.
A waiver requires the right-holder's voluntary choice to relinquish their entitlement, showing they possess discretionary control over the right.
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2.
If rights were fundamentally about benefits, waiving a right would be irrational; yet waiving is legally recognized, suggesting control is primary.
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3.
The right-holder alone can waive; third parties cannot. This exclusive power to dispose of the right demonstrates ownership and control.
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