This ongoing discrepancy between the ideal of the interest theory of rights and the practical application of this theory across trans-national borders where there is a discernible lack of international consensus with regards to enforcing decisions renders the interest theory an ideologically weak hypothesis. Leftists and modern “liberals” cash in on this apparent absence of evidence. This is a reflection of the shifting paradigms that have affected liberal democracy at the dawn of the twenty first century where the merging of the public and the private sectors has created a moral, judicial and ideological black hole into which uncertainty and indecision have stepped. The concept of human rights by nature implies a deep-seated association with the concept of interest with the best interests of the individual being intrinsically linked to the ongoing strive for the “state of equality and freedom” between individuals that defines the most basic and fundamental theories of human rights (Freeman, 2002:20). There is no such thing as rights, they say, at least not in the sense of absolute moral prerogatives to live one’s own life, by one’s own judgment, in pursuit of one’s own happiness. …, urs when there is heavy rainfall.4. Therefore, we can see that, rather than seeking to impose values for a godless age, interest theories relating to rights merely help to perpetuate the misunderstanding and the misconception of the ideal of human rights so that the definition, interpretation and subsequent implantation of rights remains an ideological and theoretical quagmire (Cali and Meckled-Garcia, 2005:1‑9). Nonsense upon Stilts New York: Methuen, Brown, C. and Ailey, K. (2002) Understanding International Relations: Third Edition London: Palgrave Macmillan, Cali, B. and Meckled-Garcia, S. (2005) Introduction: Human Rights Legalized: Defining, Interpreting and Implementing an Ideal, in, Meckled-Garcia, S and Cali, B. The Supreme Court has been empowered to issue writs, namely habeas corpus, mandamus, prohibition, and quo warrant, for the enforcement of the Fundamental Rights, while the High Courts have been empowered under Article 226 - which is not a Fundamental Right in itself. In this way we can see how the interest theory of human rights represents a paradox whereby in trying to establish a moral imperative to underpin the concept of human rights, the theory has instead given birth to new conceptual confusions with regards to the blurring of the boundaries of the public and the private and the intermeshing of the paradigms of the individual and the state. All Categories; Metaphysics and Epistemology The interest theory of rights was first proposed by Bentham (1987) who argued that a person has a distinctive human right when others have duties which protect one of that person’s interests. As a consequence, we can see that the first and most prominent drawback to the interest theory of rights is that there exists such a wide divergence between theory and practice; between the interpretation of the rights and responsibilities of the individual citizen versus the interpretation of the rights and responsibilities of the sovereign state. As a result, we can deduce that the first and most prominent failure of the interest theory is that it does not address the concept of establishing a universal concept for human rights and that it fails to address the question of what human rights are and how they are best protected. Drought occ This aspiration has been enshrined in various declarations and legal conventions issued during the past fifty years, initiated by the Universal Declaration of Human … If, for instance, we consider the legal rights involved in the exchange of property inheritance we can understand the extent to which unwanted goods can be effectively tithed to a person simply because the interest-based law states that it is in the citizen’s best interest to have the property passed down to them. Keywords: foundations of human rights, interest theory of human rights, interest theory definition. The subject matter is derived from human will. A conclusion will be sought that attempts to underscore the link between rights, indecision and inaction particularly when we view the issue from an international perspective. The Legalization of Human Rights: Multidisciplinary Perspectives London and New York: Routledge, Pogge, T.W.M. Theoretical Foundation of Human Rights: What is the interest theory of rights? For as long as this theoretical and practical divide exists, we should presume that the interest based theory of rights will remain rooted in the realms of utopia as opposed to flourishing in the realms of realism. Human Rights, noted that while "education should make the individual aware of his or her own rights, it should at the same time instill respect for the rights of others." Addressing the moral aspect of human rights at the expense of the broader legal and judicial imperative only ensures additional questions will be raised as to the purpose of rights as a social, cultural and political ideal. The Will Theory states that right is an inherent attribute of the human will. It says that the purpose of the law is to allow the free expression of human will. Hohfeld (1919), for example, confined his discussion entirelyto legal rights and never mentioned moral ones. Both international relations and moral theories feature prominent debate on the concept and the purpose of human rights yet there appears little by way of consensus with regards to what these rights mean, where the judicial boundaries of action and inaction meet or how to implement the utilitarian principles first adopted by the United Nations in response to the humanitarian horrors witnessed during World War Two. For instance, naturalrights are the sub-class of moral rights that humans have because oftheir nature. The second circumstance is that, in legislative and judicial materials, arguments of the various sorts we have been considering typically are blended. We can also find fault in the interest theory of rights when we pause to consider the flip-side of the argument by looking at those rights that are not in the interest rights holder. Yet no reason has been given why a change in the quantity of money should affect either the investment demand-schedule or the readiness to save out of a given income. We encounter assertions of rights as we encounter sounds: persistentlyand in great variety. Otherwise known as the Benefit theory, the Interest theory perpetuates the idea that there is nothing incoherent about the idea of rights which the right- holder does not … CHANG Jian China. Jeremy Bentham (1748-1832) initiated the interest theory. (2005) Lost in Translation: International Law and the Human Rights Ideal, in, Meckled-Garcia, S and Cali, B. India was a signatory to the Universal Declaration of Human Rights. Or again, the rights of political speech a… Short-Interest Theory: A theory which holds that a security with a high degree of short interest may be poised to increase in price. This site is using cookies under cookie policy. 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