Will Theory of Rights
- Theory
- Will Theory of Rights
- Jurist
- Friedrich Carl von Savigny
- Description
Holds that a legal right is essentially a power, sphere or domain of an individual's will or choice that the law protects and enforces — the right-holder can waive, demand or enforce it at will. Championed by Savigny, Windscheid, Kant and Hegel, it stands opposed to the Interest Theory (Ihering, Salmond), which roots rights in protected interests rather than free will.