Political Science · Political Theory
Who among the following are supporters of the 'Legal Rights Theory'?
- 1. T. H. Green
- 2. John Austin
- 3. John Salmond
- 4. Immanuel Kant
A1 and 2 only
B1 and 3 only
C2 and 3 only ✓ Correct
D3 and 4 only
Correct answer: (C) 2 and 3 only — John Austin and John Salmond support the legal rights theory, so the answer is 2 and 3 only.
Explanation
★John Austin and John Salmond support the legal rights theory, so the answer is 2 and 3 only.
★The legal theory holds that rights are created and enforced by the state through law.
★John Austin, the founder of legal positivism, defined law as the command of the sovereign.
★John Salmond, a jurist, analysed legal rights and duties within the framework of state law.
★T. H. Green belonged to the moral and idealist theory of rights, not the legal one.
★Immanuel Kant grounded rights in reason and moral autonomy, again not in state law.
★Thus the two legal positivists, Austin and Salmond, are the supporters of legal rights theory.
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