Question

Which prominent jurist has developed the Will Theory of Rights?

• A. H. L. A. Hart
• B. Rudolf Van Ihering
• C. Leon Duguit
• D. John Salmond

Hint:

There are two main theories of rights: the Will Theory (championed by H.L.A. Hart) which focuses on choice, and the Interest Theory (championed by Bentham and Ihering) which focuses on protecting a person's interests.

Answer 1

The Correct Option is A

The "Will Theory" of rights, also known as the "Choice Theory," is a major theory in jurisprudence that seeks to explain the nature of a right.
It posits that having a right means having control or "a small-scale sovereignty" over another person's duty.
The key aspect is that the right-holder has the choice or \textit{will} to enforce or waive the other person's corresponding duty.
While the theory has roots in the works of philosophers like Kant, its most influential modern formulation and development in legal philosophy is attributed to the British jurist H.
L.
A.
Hart.