Some

philosophers A philosopher is a person who practices or investigates philosophy. The term ''philosopher'' comes from the grc, φιλόσοφος, , translit=philosophos, meaning 'lover of wisdom'. The coining of the term has been attributed to the Greek th ...

and

political scientists This is a list of notable political scientists. See the list of political theorists for those who study political theory. See also political science. A * Robert Abelson - Yale University psychologist and political scientist with special int ...

make a distinction between claim rights and liberty rights. A ''claim right'' is a

right Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical ...

which entails responsibilities, duties, or obligations on other parties regarding the right-holder. In contrast, a ''liberty right'' is a right which does not entail obligations on other parties, but rather only freedom or permission for the right-holder. The distinction between these two senses of "rights" originates in American jurist

Wesley Newcomb Hohfeld Wesley Newcomb Hohfeld (August 9, 1879, Oakland, CaliforniaOctober 21, 1918, Alameda, California) was an American jurist. He was the author of the seminal ''Fundamental Legal Conceptions as Applied in Judicial Reasoning and Other Legal Essays'' (19 ...

's analysis thereof in his seminal work ''Fundamental Legal Conceptions, As Applied in Judicial Reasoning and Other Legal Essays'' (1919). Liberty rights and claim rights are the inverse of one another: a person has a liberty right permitting him to do something only if there is no other person who has a claim right forbidding him from doing so; and likewise, if a person has a claim right against someone else, that other person's liberty is thus limited. This is because the deontic concepts of obligation and permission are

De Morgan dual In propositional logic and Boolean algebra, De Morgan's laws, also known as De Morgan's theorem, are a pair of transformation rules that are both valid rules of inference. They are named after Augustus De Morgan, a 19th-century British mathem ...

; a person is permitted to do all and only the things he is not obliged to refrain from, and obliged to do all and only the things he is not permitted to refrain from.

Overview

A person's ''liberty right to x'' consists in his freedom to do or have ''x'', while a person's ''claim right to x'' consists in an obligation on others to allow or enable him to do or have ''x''. For example, to assert a ''liberty right'' to

free speech Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recog ...

is to assert that you have permission to speak freely; that is, that you are not doing anything wrong by speaking freely. But that liberty right does not in itself entail that others are obligated to help you communicate the things you wish to say, or even that they would be wrong in preventing you from speaking freely. To say these things would be to assert a ''claim right'' to free speech; to assert that others are obliged to refrain (i.e. prohibited) from preventing you from speaking freely (that is, that it would be wrong for them to do so) or even perhaps obliged to aid your efforts at communication (that is, it would be wrong for them to refuse such aid). Conversely, such claim rights do not entail liberty rights; e.g. laws prohibiting vigilante justice (establishing a legal claim right to be free thereof) do not thereby condone or permit all the acts which such violent enforcement might otherwise have prevented. To illustrate: a world with only liberty rights, without any claim rights, would by definition be a world wherein everything was permitted and no act or omission was prohibited; a world wherein none could rightly claim that they had been wronged or neglected. Conversely, a world with only claim rights and no liberty rights would be a world wherein nothing was merely permitted, but all acts were either obligatory or prohibited. The assertion that people have a claim right to liberty – i.e. that people are obliged only to refrain from preventing each other from doing things which are permissible, their liberty rights limited only by the obligation to respect others' liberty – is the central thesis of

liberal Liberal or liberalism may refer to: Politics * a supporter of liberalism ** Liberalism by country * an adherent of a Liberal Party * Liberalism (international relations) * Sexually liberal feminism * Social liberalism Arts, entertainment and m ...

theories of

justice Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspective ...

Second-order rights

Hohfeld's original analysis included two other types of right: besides ''claims'' (or ''rights'' proper) and ''liberties'' (or ''privileges''), he wrote of ''powers'', and ''immunities''. The other two terms of Hohfeld's analysis, ''powers'' and ''immunities'', refer to second-order liberties and claims, respectively. Powers are liberty rights regarding the modification of first-order rights, e.g. the

U.S. Congress The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washin ...

has certain powers to modify some of U.S. citizens'

legal rights Some philosophers distinguish two types of rights, natural rights and legal rights. * Natural rights are those that are not dependent on the laws or customs of any particular culture or government, and so are ''universal'', ''fundamental'' and ...

, inasmuch as it can impose or remove legal duties. Immunities, conversely, are claim rights regarding the modification of first-order rights, e.g. U.S. citizens have, per their

Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these princ ...

, certain immunities limiting the positive powers of the U.S. Congress to modify their legal rights. As such, immunities and powers are often subsumed within claims and liberties by later authors, or grouped together into "active rights" (liberties and powers) and "passive rights" (claims and immunities). These different types of rights can be used as building blocks to explain relatively complex matters such as a particular piece of property. For example, a right to use one's computer can be thought of as a liberty right, but one has a power right to let somebody else use your computer (granting them a liberty right), as well as a claim right against others using the computer; and further, you may have ''immunity rights'' protecting your claims and liberties regarding the computer.

References

External links

The Form of Rights: The Hohfeldian Analytical System, ''Rights'' section 2.1
Stanford Encyclopedia of Philosophy
Claim Rights & Liberty Rights, ''Human Rights'' section 3b
Internet Encyclopedia of Philosophy

Professor William E. May {{DEFAULTSORT:Claim Rights And Liberty Rights Human rights concepts Rights Identity politics