BA LLB Banaras Hindu University 2018 Solved Paper

Question : 8 of 170

Marks: +1, -0

The 'Will theory of rights' maintains that the enforcement of Y 's duty requires the exercise of Will by X. It assumes the correlativity of rights and duties. Which of the following succeeds in formulating the interest theory without this correlativity?

Regarding X's interest as directly related to Y's duty
Accepting that conferring right means that the interest represented by that right ought to be recognised
Treating an interest as the exercise of choice
Asserting that $X$ has a right whenever the protection of his interest is recognised as a reason for imposing duties only when they are actually imposed

Validate

Solution:

Neil Maccormick postulates the interest theory and arguing that conferring a right on someone (e.g. to housing) constitutes that the interest represented by that right ought to be recognised and protected. There are two major versions of the theory.
One claims that

X

has a right whenever he is in a position to benefit from the performance of a duty. The other asserts that

X

has a right whenever the protection of his interest is recognised as a reason for imposing duties-whether or not they are actually imposed.

Go to Question:

Prev Question

Next Question