The Other, the Interest Theory, maintains that the function of rights is to … I argue as follows: (1) The two dominant theories of Matthew H. Kramer; Refining the Interest Theory of Rights, The American Journal of Jurisprudence, Volume 55, Issue 1, 1 January 2010, Pages 31–39, https://doi. Syntax; Advanced Search; New. One, the Will Theory, maintains that the function of rights is to provide the right holder with control over the performance of a duty by some specified other (i.e., the duty bearer). mathematical theory of interest, if we say that an account earns compound interest at a rate i, we are implicitly stating that we use formula (2) for partial periods as well: Definition 2. In this way we can see how the interest theory of human rights represents a paradox whereby in trying to establish a moral imperative to underpin the concept of human rights, the theory has instead given birth to new conceptual confusions with regards to the blurring of the boundaries of the public and the private and the intermeshing of the paradigms of the individual and the state. The crux of this theoretical problem resides in the evolution of the concept of human rights – an evolution that has worked in tandem with the evolution of liberal democracy in the West since 1945 when “Western tradition required, as a response to totalitarianism, a reassertion of individual liberty, and for that liberty to be protected by an international law rather than diplomacy.” (Robertson, 2006:29) By this we mean to say that whereas historical notions of human rights were underpinned by the spectre of the state and the state’s ability to defend persecuted minorities, contemporary notions of human rights have moved beyond the confines of the state and the public sector to incorporate the private citizen and the defence of his or her individual human rights (as opposed to the collective human rights of a people or a state). That it is to say that if, for instance, it is in one’s interests to not to be physically assaulted then, as far as the interest theory is concerned, it is the responsibility of both the individual and the state to ensure that this does not happen lest the basic interests of another individual be impinged upon. By clicking “Proceed”, you agree to our terms of service and privacy policy. Before we can begin, though, we need to offer a definition of the interest theory of rights. Interest theory of rights has been given by? All Categories; Metaphysics and Epistemology To make sense of this profusion of assertions wecan class rights together by common attributes. • The interest theory fits rights passively to enjoy or not to suffer things (to receive health care, not to be tortured). As a utilitarian, he was critical of the idea of moral rights, but conceded that the rights could be useful in legal systems. More importantly, we can see further evidence of how the interest theory fails to answer the question of how best to bridge the theoretical divide between domestic human rights law and international human rights law. Nonsense upon Stilts New York: Methuen, Brown, C. and Ailey, K. (2002) Understanding International Relations: Third Edition London: Palgrave Macmillan, Cali, B. and Meckled-Garcia, S. (2005) Introduction: Human Rights Legalized: Defining, Interpreting and Implementing an Ideal, in, Meckled-Garcia, S and Cali, B. As a consequence, we can see that the first and most prominent drawback to the interest theory of rights is that there exists such a wide divergence between theory and practice; between the interpretation of the rights and responsibilities of the individual citizen versus the interpretation of the rights and responsibilities of the sovereign state. A compromise must be struck with other principles in law.”. There are frequent earthquakes in the Himalayan region2. 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