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General Theory of Norms$
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Hans Kelsen

Print publication date: 1991

Print ISBN-13: 9780198252177

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198252177.001.0001

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

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

Chapter:
(p.136) 33 The Concept of Entitlement: The Various Significations of this Word—Rights
Source:
General Theory of Norms
Author(s):

Hans Kelsen

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198252177.003.0033

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

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