Essays in Legal Philosophy
Beyond Personhood: From Two Conceptions of Rights to Two Kinds of Right-Holders
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Beyond Personhood: From Two Conceptions of Rights to Two Kinds of Right-Holders*
1. Two Theories of Rights
The long debate over the concept of rights is widely known. The so-called Interest Theory of Rights has been advanced by, i.a., Jeremy Bentham, Rudolf von Jehring, Joseph Raz, Neil MacCormick, and recently, Matthew H. Kramer. The proponents of the competing Will Theory include such names as Bernard Windscheid, Herbert L. A. Hart, Nigel Simmonds, or Hillel Steiner. Both theories continue to attract supporters and remain in use until today.
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