A hybrid theory of claim-rights


Journal Article

In this article, I propose and defend a new analysis of claim-rights. My proposal is a hybrid of the two best known analyses, the Will theory and the Interest theory. For good reason, the debate between these theories is often regarded as a stand-off. That is because the Will theory has had no satisfactory answer to the Interest theory's best objections (inalienable rights and incompetent right-holders), while the Interest theory has likewise had no satisfactory answer to the Will theory's best objection (third party beneficiaries). After reviewing these various objections and criticizing some recent attempts to meet them, I introduce my hybrid alternative and explain how it provides a satisfactory solution to all of these objections. © The Author 2005. Published by Oxford University Press. All rights reserved.

Full Text

Duke Authors

Cited Authors

  • Sreenivasan, G

Published Date

  • June 1, 2005

Published In

Volume / Issue

  • 25 / 2

Start / End Page

  • 257 - 274

International Standard Serial Number (ISSN)

  • 0143-6503

Digital Object Identifier (DOI)

  • 10.1093/ojls/gqi013

Citation Source

  • Scopus