Thomistic Tradition and Human Rights


Book Description

The present book verses on the current discussion, between authors writing within the Thomistic tradition, on the issue of human rights, and pretends to adjudicate that discussion. The positions of authors who are critical of the notion of human rights, like Michel Villey and Alasdair MacIntyre, as well as that of those who try to justify their existence and explain their nature, like Jacques Maritain, John Finnis, and others, are carefully explained and evaluated. This book is the first to deal in detail with this contemporary discussion and therefore represents an important contribution to the bibliography on the philosophy of human rights, as well as to the bibliography on the Thomistic tradition.




Natural Law and Human Rights


Book Description

This first English translation of Pierre Manent’s profound and strikingly original book La loi naturelle et les droits de l’homme is a reflection on the central question of the Western political tradition. In six chapters, developed from the prestigious Étienne Gilson lectures at the Institut Catholique de Paris, and in a related appendix, Manent contemplates the steady displacement of the natural law by the modern conception of human rights. He aims to restore the grammar of moral and political action, and thus the possibility of an authentically political order that is fully compatible with liberty. Manent boldly confronts the prejudices and dogmas of those who have repudiated the classical and Christian notion of “liberty under law” and in the process shows how groundless many contemporary appeals to human rights turn out to be. Manent denies that we can generate obligations from a condition of what Locke, Hobbes, and Rousseau call the “state of nature,” where human beings are absolutely free, with no obligations to others. In his view, our ever-more-imperial affirmation of human rights needs to be reintegrated into what he calls an “archic” understanding of human and political existence, where law and obligation are inherent in liberty and meaningful human action. Otherwise we are bound to act thoughtlessly and in an increasingly arbitrary or willful manner. Natural Law and Human Rights will engage students and scholars of politics, philosophy, and religion, and will captivate sophisticated readers who are interested in the question of how we might reconfigure our knowledge of, and talk with one another about, politics.




Metaphysics of Human Rights 1948-2018


Book Description

The 1948 Declaration of Human Rights demanded a collaboration among exponents from around the world. Embodying many different cultural perspectives, it was driven by a like-minded belief in the importance of finding common principles that would be essential for the very survival of civilization. Although an arduous and extensive process, the result was a much sought-after and collective endeavor that would be referenced for decades to come. Motivated by the seventieth anniversary of the 1948 Universal Declaration of Human Rights and enriched by the contributions of eminent scholars, this volume aims to be a reflection on human rights and their universality. The underlying question is whether or not, after seventy years, this document can be considered universal, or better yet, how to define the concept of “universality.” We live in an age in which this notion seems to be guided not so much by the values that the subject intrinsically perceives as good, but rather by the demands of the subject. Universality is thus no longer deduced by something that is objectively given, within the shared praxis. Conversely, what seems to have to be universal is what we want to be valid for everyone. This volume will be of interest to those currently engaged in research or studying in a variety of fields including Philosophy, Politics and Law.




The Cambridge Handbook of Natural Law and Human Rights


Book Description

This Handbook provides an intellectually rigorous and accessible overview of the relationship between natural law and human rights. It fills a crucial gap in the literature with leading scholarship on the importance of natural law as a philosophical foundation for human rights and its significance for contemporary debates. The themes covered include: the role of natural law thought in the history of human rights; human rights scepticism; the different notions of 'subjective right'; the various foundations for human rights within natural law ethics; the relationship between natural law and human rights in religious traditions; the idea of human dignity; the relation between human rights, political community and law; human rights interpretation; and tensions between human rights law and natural law ethics. This Handbook is an ideal introduction to natural law perspectives on human rights, while also offering a concise summary of scholarly developments in the field.




Natural Law, Laws of Nature, Natural Rights


Book Description

Choice Outstanding Academic Title 2006 The existence and grounding of human or natural rights is a heavily contested issue today, not only in the West but in the debates raging between "fundamentalists" and "liberals" or "modernists in the Islamic world. So, too, are the revised versions of natural law espoused by thinkers such as John Finnis and Robert George. This book focuses on three bodies of theory that developed between the thirteenth and seventeenth centuries: (1) the foundational belief in the existence of a moral/juridical natural law, embodying universal norms of right and wrong and accessible to natural human reason; (2) the understanding of (scientific) uniformities of nature as divinely imposed laws, which rose to prominence in the seventeenth century; and (3), finally, the notion that individuals are bearers of inalienable natural or human rights. While seen today as distinct bodies of theory often locked in mutual conflict, they grew up inextricably intertwines. The book argues that they cannot be properly understood if taken each in isolation from the others.







The Development of International Human Rights Law


Book Description

The essays selected for this volume, written by some of the worlds most respected experts on human rights, encompass the development of human rights law from its philosophical underpinnings and address many of its current controversies. The collected essays explore the drafting of major human rights instruments, including the political challenges that shaped those instruments; examine the interrelationship of various claimed rights; and identify factors producing compliance with - and violation of - human rights law. Other contributions analyze the role of non-governmental organizations in achieving better human rights protections as well as the danger of claiming too many rights, and the tension between rights and security. Contrasting viewpoints in several essays highlight some of the key conflicts in the field. An introductory essay provides a roadmap marking the collection‘s major themes, and tracing the relationship between those themes. Taken together, the essays emphasize the legal underpinnings of the human rights regime and as such, the collection provides an essential, wide-ranging account of this important part of international law, procedure and practice.




The Idea of Natural Rights


Book Description

This series, originally published by Scholars Press and now available from Eerdmans, is intended to foster exploration of the religious dimensions of law, the legal dimensions of religion, and the interaction of legal and religious ideas, institutions, and methods. Written by leading scholars of law, political science, and related fields, these volumes will help meet the growing demand for literature in the burgeoning interdisciplinary study of law and religion.




Human Rights and the End of Empire


Book Description

The European Convention on Human Rights of 1950 established the most effective international system of human rights protection ever created. This is the first book that gives a comprehensive account of how it came into existence, of the part played in its genesis by the British government, and of its significance for Britain in the period between 1953 and 1966.




The Cultural and Intellectual Rebuilding of France After the Second World War


Book Description

This book reveals how France reinvented itself in the aftermath of World War Two. After foreign military interventions, the French political and intellectual elites embraced regime change and launched an urgent programme of nation building. They rebuilt French national identity with whatever material was available, and created a vibrant new cultural and intellectual life. The cost to subordinated groups, however, especially women, still casts a long shadow over French values and attitudes. In this, perhaps, there are lessons and implications for other countries, struggling to rebuild themselves after conflict.