Claim rights and liberty rights: Difference between revisions

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==Second-order rights==
Hohfeld's original analysis included two other types of right: besides ''claims'' (or ''rights'' proper) and ''liberties'' (or ''privileges''), he wrote of ''powers'', and ''immunities''. The other two terms of Hohfeld's analysis, ''powers'' and ''immunities'', refer to second-order liberties and claims, respectively. Powers are liberty rights regarding the modification of first-order rights, e.g. the [[United States Congress|U.S. Congress]] has certain powers to modify some of U.S. citizens' [[legal rights]], inasmuch as it can impose or remove legal duties. Immunities, conversely, are claim rights regarding the modification of first-order rights, e.g. U.S. citizens have, per their [[United States Constitution|Constitution]], certain immunities limiting the positive powers of the U.S. Congress to modify their legal rights<ref>{{Cite news|url=https://www.billofrightsinstitute.org/founding-documents/additional-amendments/|title=Additional Amendments - Bill of Rights Institute|work=Bill of Rights Institute|access-date=2018-06-12|language=en-US}}</ref>. As such, immunities and powers are often subsumed within claims and liberties by later authors, or grouped together into "active rights" (liberties and powers) and "passive rights" (claims and immunities)<ref>{{Cite journal|last=Freedman|first=R.|date=2014-02-01|title=UN Immunity or Impunity? A Human Rights Based Challenge|url=https://academic.oup.com/ejil/article/25/1/239/497359|journal=European Journal of International Law|language=en|volume=25|issue=1|pages=239–254|doi=10.1093/ejil/cht082|issn=0938-5428|doi-access=free}}</ref>.
 
These different types of rights can be used as building blocks to explain relatively complex matters such as a particular piece of property. For example, a right to use one's computer can be thought of as a liberty right, but one has a power right to let somebody else use your computer (granting them a liberty right), as well as a claim right against others using the computer; and further, you may have ''immunity rights'' protecting your claims and liberties regarding the computer.