The term “right” is used properly and in a quite standard way in both law and morality. H. L. A. Hart's theory of rights was not only an adjunct to and testing ground for his theory of obligations and powers, but also belongs in part to his scholarly appreciation of other writers such as Jeremy Bentham. Hart accepted the Benthamite view that one should not define or explain terms such as “right” by proposing a definition per genus et differentiam. There may be objections to Hart's “choice theory,” but he considers a theory of duties and of powers to be fully sufficient to the elucidation of rights. He has always argued that concepts such as “legal right” presuppose the existence of a “legal system.”
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