Chapter

The Concept of Entitlement: The Various Significations of this Word—Rights

Hans Kelsen

in General Theory of Norms

Published in print March 1991 | ISBN: 9780198252177
Published online March 2012 | e-ISBN: 9780191681363 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198252177.003.0033
The Concept of Entitlement: The Various Significations of this Word—Rights

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The words ‘right’, ‘entitlement’, ‘to entitle’, ‘to be entitled’ have a number of quite different significations. That someone is entitled or has a right to behave in a certain way can mean that his behaviour is free, i.e. neither forbidden nor commanded, and so is permitted in a negative sense. It can also mean that it is permitted in a positive sense. If someone has a duty to another person to behave in a certain way, the other person is said to have a right to this behaviour. The right to a certain behaviour of another person is a reflection of the duty of the other person.

Keywords: rights; entitlements; right to behaviour; duties; command; legal norms

Chapter.  1013 words. 

Subjects: Jurisprudence and Philosophy of Law

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