Discussion
Who said, “the substantive right is one thing, and having a right is to claim it is another” ?
Answer: B
The keyed answer is Gerber. I could not trace this quotation to a published source, so the explanation says what could and could not be confirmed.
Not confirmed: that the sentence is Gerber's. Searches for the wording, alone and with each name, found nothing, so the attribution rests on the University's key.
What can be said about the others is general. H.L.A. Hart is the author of the choice (will) theory of rights, in which a right-holder controls the correlative duty. Joseph Raz defends the interest theory, in which a right is the ground of a duty. Neil MacCormick, here printed 'MacCormik', also wrote on the interest theory of rights. All three wrote about what it is to have a right; the quoted sentence separates the substance of a right from the power to claim it, and nothing found links it to any of them. Nothing found shows the key to be wrong.
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