Distinction between rights entailing or not entailing obligations
Rights
Theoretical distinctions
Claim rights and liberty rights
Individual and group rights
Natural rights and legal rights
Negative and positive rights
Human rights
Civil and political
Economic, social and cultural
Three generations
Rights by beneficiary
Accused
Animals
Children
Consumers
Creditors
Deaf
Disabled
Elders
Farmers
Fetuses
Humans
Indigenous
Intersex
Kings
LGBT
Transgender
Men
Minorities
Parents
Fathers
Mothers
Patients
Peasants
Plants
Prisoners
Robots
States
Students
Victims
Women
Workers
Youth
Other groups of rights
Assembly
Association
Asylum
Civil liberties
Digital
Education
Fair trial
Food
Free migration
Health
Housing
Linguistic
Movement
Development
Property
Repair
Reproductive
Rest and leisure
Self defense
Self-determination of people
Sexuality
Speech
Water and sanitation
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Some philosophers and political scientists make a distinction between claim rights and liberty rights. A claim right is a right 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.[1] The distinction between these two senses of "rights" originates in American jurist Wesley Newcomb Hohfeld's analysis thereof in his seminal work Fundamental Legal Conceptions, As Applied in Judicial Reasoning and Other Legal Essays (1919).[2]
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[3] are De Morgan dual; 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.
^May, William E. "The Difference Between a Right and a Liberty". Christendom Awake. Archived from the original on 2019-01-28. Retrieved 2018-06-12.
^"Hohfeld's Analysis of Rights: An Essential Approach to a Conceptual & Practical Understanding of the Nature of Rights - [2005] MurUEJL 9". classic.austlii.edu.au. Retrieved 2018-06-12.
^Tappolet, Christine (2013-02-01). "Evaluative vs. Deontic Concepts". International Encyclopedia of Ethics. Blackwell Publishing Ltd. doi:10.1002/9781444367072.wbiee118. ISBN 9781405186414.
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