Full 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.
Contents
Introduction; 1. The perennial and dynamic relationship between human rights and natural law Mark Retter, Tom Angier and Iain T. Benson; Part I. Natural Law and the Origins of Human Rights: 2. Natural law and human rights: continuities and discontinuities Cary J. Nederman and Ben Peterson; 3. The paradox of shrinking individuality: natural rights' development and relevance to human rights today Mónica García-Salmones; 4. Synderesis, Conscientia and human rights Kevin L. Flannery, S. J.; 5. The case against the marriage of natural law and natural rights Tracey Rowland; 6. The mythical connection between natural law and the universal declaration of human rights James Chappel; 7. Natural law and the universal declaration of human rights Paul Yowell; Part II. Natural Law Foundations of Human Rights Obligations: 8. Ontological and epistemological foundations of human rights Tom Angier; 9. The Teleological Foundations of Human Rights Edward Feser; 10. New natural law foundations of human rights Christopher Tollefsen; 11. A personalist foundation for natural law and human rights Josef Seifert; 12. Acknowledged dependence, natural rights, and human rights: Augustinian humility, Charles Malik, and the universal declaration Mary M. Keys and Melody Grubaugh; 13. Eternal law, natural law, natural rights: freedom and power in Aquinas Jean Porter; Part III. Natural Law and Human Rights within Religious Traditions; 14. Natural law, natural theology, and human rights in the Jewish tradition David Novak; 15. Natural law and human rights in Catholic Christianity Roland Minnerath; 16. Natural law and natural rights in the early Protestant tradition John Witte, Jr.; 17. Human rights or moral obligations?: the link with natural law in Hinduism Shashi Motilal and Jeremiah Dumai; Part IV. The Human Person, Political Community and Rule of Law: 18. Human dignity and natural law Patrick Lee and Robert P. George; 19. Civic friendship, natural law and natural right John von Heyking; 20. Common goods, group rights and human rights Mark D. Retter; 21. Natural law, human rights and the separation of powers Julian Rivers; 22. Human goods and human rights law: two modes of derivation from natural law Grégoire Webber; 23. Natural law, human rights, and Jus Cogens Stephen Hall; Part V. Rival Interpretations and Interpretive Principles: 24. Moral pluralism, political disagreement and human rights Catherine McCauliff; 25. Human rights law and adjudication: the role of Determinatio Francisco J. Urbina; 26. Natural law and human rights amid the legal ruins of liberal scepticism, values language and global resets Iain T. Benson; 27. Human rights and the modes of judicial responsibility Peter D. Lauwers; 28. The right to religious freedom: extension or erosion? Rafael Domingo; 29. Natural law, rights of the family, and international human rights instruments Jane F. Adolphe; 30. Natural law and socioeconomic rights Gary Chartier; 31. Solidarity and global allocation of COVID-19 vaccines: a question of equality? Thana C. de Campos-Rudinsky; Part VI. Challenges and Future Prospects: 32. Philosophical challenges and prospects for natural law foundations of human rights Jonathan Crowe.
