A British legal scholar Herbert L.A. Hart is credited with developing the will theory of rights. He thinking about the importance of human freedom or liberty.
Freedom in the most basic right according to will theory. According to this theory, the purpose of the law is to grant to the citizen the means of free expression of his will. Limiting anyone's freedom always requires the authorization of others rights and the subjects of rights remain free to claim them or not.
The will theory also known as the "choice theory" allows rights holders free choice to insist upon their rights or to waive them. Thus according to this theory right emerges from the human will. The will theory captures the powerful link between rights and normative control.
To have a right is to have the ability to determine what others may and may not do. For example, your right to some land is your freedom to do with it as your wish. Everyone in wrong to interfere with your freedom unless they have a right. If anyone uses your land without having a right, you claiming the protection of your right to legal authorities.
Criticism:
01. Will theory is too subjective.
02. Will theory is too individualistic.
03. This theory is inconsistent with the idea of rights as inherent or unseparated.
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