  According to older versions, such as those of Bentham and Austin, X is a right-holder because he is the beneficiary, or intended beneficiary, of another’s duty, or perhaps of the absence of a duty on him which the law might otherwise have imposed. For example, if X has a right to be paid £10 by Y, then this is explained by saying that Y has a duty, the performance of which (handing over the £10) is intended to benefit X. One problem about this theory is to explain why the criminal law, although it may in part exist to protect moral rights, is not generally regarded as directly conferring legal rights on individual citizens, despite the fact that they are intended beneficiaries of the corresponding duties. (There may, of course, in many systems be parallel civil law rights, but that is a contingent matter. See more on this point below.)