The will theory of rights maintains that the enforcement of Y's duty requires the exercise of will by…
Interest theorists who reject strict correlativity of rights and duties (such as MacCormick) reformulate the interest theory by "Asserting that X has a right whenever the…
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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?
Answer and explanation
Correct answer D
Interest theorists who reject strict correlativity of rights and duties (such as MacCormick) reformulate the interest theory by "Asserting that X has a right whenever the protection of his interest is recognized as a reason for imposing duties- only when they are actually imposed", avoiding the will theory's requirement of correlative enforcement by the right-holder.
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