Introduction
Rights are a fundamental aspect of civilization meant to give people absolute control over their freedom. The two theories used to explain the concept of right include the choice theory and the will theory. This paper explores the will and choice theories of rights as proposed by Professor H.L.A. Hart.
Compare the 'will' and 'choice' theories of rights.
The choice theory of rights was proposed by Professor Hart in his quest to answer the nagging question of the relationship between rights and duties. According to the choice theory of right , people who have a right also must protect the freedom of others (p. 278). In other words, people who have rights can impact on the freedom of others depending on the choices they make. Based on the theory, the bearers of the rights cannot waive their duty towards the protection of the other people’s freedom. Instead, the holders of the rights can only control their duty through performance.
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The will theory of right argues that the free will of an individual is at the core of any human rights (p. 277). The argument by H. L. A. Hart is that all human rights can be reduced to a single fundamental right which is the right for all men to have a free will (p. 276). In other words, rights to things such political participation can be reduced to a single right of right to liberty. In other words, freedom and liberty are the foundation of all the forms of rights.
Are rights and duties necessarily correlative?
Rights and duties are not necessarily correlative. According to Hart, there are people who may be accorded the duty by someone with a right even when they themselves do not have the relevant rights (p. 279). A bearer of rights has duty towards others but the duty can be controlled through actions depending on the situation.
