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    Will theory, advanced by Hart, holds that rights protect ... — Carmelics
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    Challenges→A right-holder has a right because having that right furthers the right-holder's interests

    Will theory, advanced by Hart, holds that rights protect the right-holder's normative control over duties, not the advancement of their interests.

    ?Rate how convincing each reason is below to see the overall strength.
    1 reason for
    1 reason against

    Reasons For

    1 perspective
    Reason for
    ?
    • 1.Rights holders often value control over their entitlements more than passive benefit receipt, as seen in autonomy-respecting legal systems.
      ?

      Think about whether this reason is strong or weak

    • 2.Interest theory struggles to explain why we protect choices that harm the right-holder, like freedom to refuse beneficial medical treatment.
      ?

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    • 3.Control theory better accounts for transferability and waiver of rights, which presuppose the holder's normative power, not just interests.
      ?

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    Reasons Against

    1 perspective
    Reason against
    ?
    • 1.Rights to food, shelter, and safety protect vital interests that exist independently of whether holders exercise control over related duties.
      ?

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    • 2.Control without interest-protection is normatively hollow; a right to demand others act against one's welfare is conceptually incoherent.
      ?

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    • 3.Children and incapacitated persons hold rights yet lack full normative control capacity, suggesting interest-protection is the core function.
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    Connections

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    Rights & Liberty1 linked

    Related

    A right-holder has a right because having that right furthers the right-holder's...Children and incapacitated persons hold rights yet lack full normative control c...Control theory better accounts for transferability and waiver of rights, which p...Control without interest-protection is normatively hollow; a right to demand oth...
    +3 moreShow less
    Interest theory struggles to explain why we protect choices that harm the right-...Rights holders often value control over their entitlements more than passive ben...Rights to food, shelter, and safety protect vital interests that exist independe...

    Details

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    claim
    Perspectives
    2 (1 for, 1 against)
    Edits
    1 edit