The Interest Theory with Criticism

Jeremy Bentham initiated the Interest theory. Further developed by John Salmond. According to this theory, the purpose of the law is to grant to the citizen the means of free expression of his will.

According to theory, the purpose of the law is to protect the interest and not the will of the citizens. According to Salmond, a right is an interest recognized and protected by the rule of law but not necessarily, one that is legal rights enforceable.

Most legal rights are enforceable but enforceability is not essential to the conception of a right. For example in time barred debt, the remedy is barred but the right is not finish. More recent philosophers developing the interest theory also known as the benefit theory" think that basic moral duties to respect others. essential interests, such as life and liberty serve as the basis of moral rights.

Criticism:

01. The interest theory absence a strong moral foundation.

02. This theory ignore the importance of collective interests or the common good.

03. This theory can be easily misuse.

04. The interest theory may have limitations in addressing certain types of rights a such as moral or human rights.

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