Who said, “the substantive right is one thing, and having a right is to claim it is another” ?
Gerber
The statement separates two ideas: the substantive right itself (the protected interest or entitlement) and the further, procedural capacity of the holder to claim or enforce that right through legal process.
This distinction between holding a right and having the right to claim it is attributed in jurisprudence texts to Gerber, the German jurist, who kept the entitlement itself apart from the power of claiming it.
Hart explained rights mainly through the choice or will theory, MacCormick defended an interest theory centred on protected goods, and Raz analysed rights as interests sufficient to ground duties in others; the quoted sentence is not drawn from their accounts.
So the remark that the substantive right is one thing and having a right to claim it is another is attributed to Gerber.
Hence, Gerber.
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