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In jurisprudence, the 'will theory' and 'interest theory' of rights are CHIEFLY associated with which contrast?
AMarx vs Engels
BBentham vs Mill
CHart (will) vs Bentham/Raz (interest)
DHobbes vs Locke
Answer & Solution
Correct answer: C. Hart (will) vs Bentham/Raz (interest)
Will theorists (Hart, Kant) hold a right protects the right-holder's CHOICE/sovereignty. Interest theorists (Bentham, Raz, MacCormick) hold a right protects an interest sufficiently important to ground a duty in others. The debate explains why infants and the comatose can have rights (interest theory's strength) and why waivers are possible (will theory's strength).
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