Human rights language is often used as a universal benchmark for moral criticism. However, its philosophical basis has been seriously questioned. The purpose of this study is to investigate the contributions of Christian ethics (1) to the reconstruction of a plausible conception of a human right and (2) to the elaboration of a satisfying justification of human rights. Three different Christian ethical models of human rights are set forth and evaluated.

Despite the prevalence of human rights discourse, the very idea or concept of a human right remains obscure. In particular, it is unclear what is supposed to be special or distinctive about human rights. In this paper, we consider two recent attempts to answer this challenge, James Griffin’s “personhood account” and Charles Beitz’s “practice-based account”, and argue that neither is entirely satisfactory. We then conclude with a suggestion for what a more adequate account might look (...) like – what we call the “structural pluralist account” of human rights. (shrink)

In this brief article, I will raise some challenges to each of Pablo Gilabert’s arguments for a human right to democracy (HRD). First, I will question whether the instrumental case for affirming a HRD is as strong as Gilabert and others have suggested. I will then call into question the argument from moral risk, arguing that, for any particular country, we should not operate with a strong presumption that they should pursue further democratization as a high-priority goal. Finally, I (...) will consider the strength of our intuitive support for a stringent human right to democracy. As Gilabert points out, there could be a genuine HRD, even if it did not always provide us with an overriding reason to call for the implementation of democracy. I will explore how much normative priority claims to respect democratic decisions have by considering what we have reason to do when democratic decisions would lead to violations of other, noncontroversial human rights. (shrink)

International policies often make the conferral of aid, debt relief, or additional trading opportunities to a country depend upon its having successfully implemented specific policies, achieved certain social or economic outcomes, or demonstrated a commitment to conducting itself in specified ways. Such policies are conditionality arrangements. My aim in this article is to explore whether conditionality arrangements that would make the conferral of debt relief depend on whether the debtor country achieves a certain status with respect to the human (...) right fulfilment of its population can be justified. I argue that many objections that are typically advanced against conditionality arrangements are unconvincing, and that the possible benefits of human rights conditionality are sufficient to warrant serious intellectual and practical exploration. Whether or not particular arrangements are justified cannot be determined in advance of such exploration. (shrink)

The formerly established medically-based idea of disability, with its charity-based approach to treatment and services, is being replaced by a human rights-based approach in which people with impairments are no longer considered medical problems, totally dependent on the beneficence of non-impaired people in society, but have fundamental rights to support, inclusion, and participation. This interdisciplinary book examines the diverse concerns that people with impairments face in the context of human rights, provides insights into new developments (...) on important issues relating human rights to disability, and features new approaches and solutions to vital problems in the current debate. (shrink)

The idea that there is such a thing as a human right to health has become pervasive. It has not only been acknowledged by a variety of international law documents and thus entered the political realm but is also defended in academic circles. Yet, despite its prominence the human right to health remains something of a mystery - especially with respect to its philosophical underpinnings. Addressing this unfortunate and intellectually dangerous insufficiency, this book critically assesses the stipulation that (...) health is a human right which - as international law holds - derives from the inherent dignity of the human person. Scrutinising the concepts underlying this stipulation, it shall conclude that such right cannot be upheld from a philosophical perspective. (shrink)

Scholars disagree about the proper justification of human rights and which rights qualify as human rights. While some argue for a very limited set of human rights, others defend more comprehensive accounts. In this paper I suggest that a defence of a comprehensive set of human rights can be strengthened by combining constructivist deontological and well-being based teleological justifications. To this end, I discuss two prominent proponents of constructivism and the well-being (...) approach: Rainer Forst and Simon Caney. Forst criticises teleological justifications for grounding human rights in non-universalizable conceptions of the good, such as autonomy, that can reasonably be rejected by others. Constructivism, in contrast, does not rest on any particular idea of the good life and thus allows for greater ethical plurality. I reject this specific criticism, arguing that Caney’s approach ultimately allows for the same plurality. I also highlight that constructivism on its own cannot justify rights of people who are not (yet) able to reason. The well-being approach provides substantive arguments for the rights of these individuals. However, these arguments are made with the framework provided by constructivism. I hold, contra Caney, that Forst’s right to justification is primary in that it is the unavoidable basis from which justice issues can be dealt with in a reasonable way and that the main function of human rights is to protect the equal moral status of persons. I conclude that Forst’s constructivist and Caney’s well-being approach are complementary rather than rivalrous: when combined they provide a more robust justification for a comprehensive set of human rights than considered separately. (shrink)

What is a person? This fundamental question is a perennial concern of philosophers and theologians. But, Christian Smith here argues, it also lies at the center of the social scientist’s quest to interpret and explain social life. In this ambitious book, Smith presents a new model for social theory that does justice to the best of our humanistic visions of people, life, and society. Finding much current thinking on personhood to be confusing or misleading, Smith finds inspiration in critical realism (...) and personalism. Drawing on these ideas, he constructs a theory of personhood that forges a middle path between the extremes of positivist science and relativism. Smith then builds on the work of Pierre Bourdieu, Anthony Giddens, and William Sewell to demonstrate the importance of personhood to our understanding of social structures. From there he broadens his scope to consider how we can know what is good in personal and social life and what sociology can tell us about human rights and dignity. Innovative, critical, and constructive,_ What Is a Person?_ offers an inspiring vision of a social science committed to pursuing causal explanations, interpretive understanding, and general knowledge in the service of truth and the moral good. (shrink)

Human rights are often taken for granted, but "What is the basis of human rights?" This is no easy answer, De Xiao Weiqi, in his 2004 book of this difficult the problem. He considered the following four main theories: First, the external theory: the root cause of human rights outside the law, such as human rights divine theory; Second, the intrinsic theory: the root cause of human rights within the law (...) - law positivism ; three, rationalist approaches: human rights is based on rational intuition ; Fourth, experience-based approaches: human rights from human experience, especially experience the experience of injustice. He made ​​the first three theories are severely criticized, and to promote a fourth to experience-based approaches. This paper points out that although the experience of Germany and Xiao Weiqi theory have many advantages, but it is evidence of human rights legislation are vague and inconsistent standards of the Department, and its invention on human rights can not provide more solid foundation. In fact, these issues are perceived more or less de Xiao Weiqi, he repeatedly pointed out that the need for external to the human rights legal standards, I think the divine rights theory is to provide a basis for human rights may be one of the world. De Xiao Weiqi theory of divine criticism of human rights have a good reminder, but I think it still can not rule out the Christ-centered Christian contemporary human rights theory. Human rights are often taken for granted but in fact the origin or foundation of human rights is not an easy question. Alan Dershowitz tries to tackle this thorny issue in his 2004 book: Rights from Wrongs: A Secular Theory of the Origins of Rights. He mainly considers four theories: 1) externalism, eg, the divine source of human rights theory; 2) Internalism, eg, legal positivism; 3) Rationalism, eg, the claim that human rights are founded upon rational intuitions; 4) Experiential approach, ie, human rights are derived from our historical experience of serious wrongs or injustice. He severely criticizes the first three theories, and defends the fourth. In this article, I will point out that despite quite a few merits of Dershowitz's theory; his criteria for the validation of human rights are vague or even inconsistent. His general stance of constructivism towards moral and human rights claims, moreover, are unable to provide solid foundations for human rights. In fact Dershowitz is to some extent aware of these problems, and he feels that human rights do need an objective external source, if only it is possible. I think the theistic worldview is indeed able to provide this objective external source. Dershowitz has raised a lot of good questions for the divine source theory but I argue that in the end they cannot exclude the possibility of a contemporary Christocentric theory of human rights. (shrink)

Human rights make a universal claim that has often been suspected of expressing western cultural imperialism. Yet even a mere perusal of the history of human rights in Europe and North America reveals that human rights cannot be characterized as the obvious crystallization of occidental culture as a whole. Instead they were first propounded during the modernity as a response to the normative crises occasioned by Christian religious division in a society of developing pluralism. (...) Human rights formulated the basis for a new social contract between free and equal holders of rights in opposition to religiously motivated civil wars and the accumulation of absolutist dominion.Since pluralism and multi-culturalism in a more closely knit world order has become an inescapable reality, the idea of human rights, understood as the recognition of plurality and differences on the basis of equal freedom, could be the foundation for international orientation. Human rights could provide the foundation for consensus, however, only if the limits of their normative claim are clear. As the ethos of freedom inherent to human rights is oriented toward political-legal standards, it is not intended to replace the plurality of any developed religious or cultural ethos. But as human rights secure political-legal equality of rights to express and develop differing ideas and cultural forms, they do affect internal individual recognition of religious and cultural societies, from which they demand openness toward reform and willingness to communicate. Menschenrechte machen einen universalen Anspruch geltend, der indes oft als Ausdruck eines westlichen Kulturimperialismus verdächtigt wird. Ein Blick auf die Geschichte der Menschenrechte in Europa und Nordamerika zeigt freilich, daß Menschenrechte gerade nicht als selbstverständlicher Ausfluß der abendländischen Kultur im ganzen angesehen werden können. Vielmehr sind sie erst in der Neuzeit aufgekommen, und zwar als Antwort auf die normativen Krisen in der im Gefolge der christlichen Glaubensspaltung pluralistisch werdenden Gesellschaft. Gegen religiös motivierte Bürgerkriege wie gegen die Anmaßung absolutistischer Herrschaft formulieren die Menschenrechte die Grundlage eines neuen Gesellschaftsvertrages zwischen freien und gleichen Rechtsgenossen.Da Pluralismus und Multikulturalismus in der immer stärker vernetzten Weltgesellschaft vielerorts unausweichliche Realität geworden sind, vermag die menschenrechtliche Leitidee, nämlich die Anerkennung von Pluralität und Differenz auf der Basis gleichberechtigter Freiheit, heute auch international zur Orientierung zu dienen. Menschenrechte können indes nur dann konsensstiftend wirken, wenn ihr normativer Anspruch auch in seinen Grenzen deutlich wird: Da sich das menschenrechtliche Freiheitsethos vornehmlich auf politisch-rechtliche Standards richtet, zielt es nicht darauf ab, die Pluralität der gewachsenen religiösen oder kulturellen Ethosformen zu ersetzen. Indem Menschenrechte die gleichberechtigte Äusserung und Entfaltung unterschiedlicher Überzeugungen und Kulturformen politisch-rechtlich sichern, wirken sie freilich auch auf die innere Selbstwahrnehmung religiöser und kultureller Gemeinschaften zurück, denen sie Reformoffenheit und Kommunikationsbereitschaft abverlangen. (shrink)

Accession Number: ATLA0001788511; Hosting Book Page Citation: p 292-317.; Language(s): English; Issued by ATLA: 20130825; Publication Type: Essay.

During the second half of the 20th century education has been recognized as a human right in several international conventions, and the UN also holds that “Education shall be free” and that “Elementary education shall be compulsory” (UN, 1948, Article 26). The education-as-a-human right-project could be viewed as a good intention of global inclusion in recognizing that all individuals have a right to education in virtue of being humans, and the idea of education as a human right (...) thus has a tremendous global significance. However, if we look at this more critically, the education-as-a-human right-project, may not only be grounded in altruistic good intensions for the disadvantaged. The term “elementary education”, or sometimes “primary education”, which is used in several human rights-documents seems to suggest that it is some sort of formalized education. It would be useful however to make a distinction between formal and informal education, as well as between teaching, learning, education and schooling, in the discussion of the right to education and specifically in the discussion concerning education as a “human right”. There is obviously a difference between the right to teach, the right to learn, the right to education and the right to schooling. And how are these rights related to compulsory schooling, compulsory education and the supposed duty to teach and duty to learn? A further concern is what makes this a human right rather than for example a juridical right as a citizen. By addressing these questions within a theoretical framework of social ontology and ameliorative conceptual analysis I believe that we can find new ways of dealing with fundamental problems within philosophy of education such as the nature, purpose and aims of education as well as the right to education. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Christianity and Human Rights: Influences and IssuesJohn D’Arcy MayChristianity and human rights: Influences and issues. Edited by Frances S. AdeneyArvind Sharma. Albany: State University of New York Press, 2007. xi + 228 pp.The existence of the “Universal Declaration of Human Rights by the World’s Religions” (UDHRWR) deserves to be more widely known, and this book not only reproduces the text, drawn (...) up for a conference in Montreal to mark the fiftieth anniversary of the UN’s Universal Declaration of Human Rights (UNUDHR, 1948), but offers a point-by-point comparison of the two documents by Frances Adeney and a series of papers that illuminate the issues raised by such declarations from very different points of view. The premise of the whole undertaking is that religious perspectives were not adequately represented in the UN Universal Declaration of Human Rights, though even this is questioned by some of the contributors. The UDHRWR explicitly mentions the right to change one’s religion, asserting in article 18 (1): “There shall be no compulsion in religion. It is a matter of choice,” and it includes “the rights of nature and the earth” (art. 29 [1]; see also 24 [2]). Article 12 (4 and 5) also asserts the duty and the corresponding right of not denigrating the religions of others. Article 16 (5) mentions monasticism as an institution worthy of protection alongside marriage. [End Page 172]In an extremely detailed examination of the work of the Third Committee, which brought the original UN document to the floor of the General Assembly, Sumner B. Twiss finds abundant evidence that religious issues were debated at great length, with great respect, and from a wide range of cultural and religious backgrounds. The committee included representatives of Christian, Confucian, Marxist, Hindu, Buddhist, and Muslim traditions, and Twiss claims that it is a mistake to regard the document they produced as either Western or secular in intent. The question of the relationship between rights and duties was thoroughly debated, as were the social dimensions of both and the underlying theological and ideological issues. Although religious terminology was eventually omitted, this was agreed in an atmosphere of exemplary tolerance and mutual understanding. Twiss concludes: “The UDHRWR is redressing a nonexistent problem presumably posed by the UDHR” (p. 69).Nevertheless, in the present context of the desecularization or resacralization of the world, a more explicit treatment of religious aspects of human rights seems appropriate, and the papers collected here raise problems that are still with us. Frances Adeney introduces several of them: the distinction between public and private spheres, the relative weighting given to creation and sin, and the relationship between rights and duties. The specifically Christian contribution to the debate, in her view, is the insistence on the universality of human rights derived from the biblical conception of the human as the “image of God,” so that “Christians through the ages have assigned a transcendent worth to human beings” (p. 20). The dimension of community is signaled by the extension of the covenant from ethnic group to faith community, thus linking the covenant family of God to the unity of humankind. Whether this link is strong enough to secure the universality of human rights, however, remains an open question.The Christian ethicist Max Stackhouse counterposes to this the “profound individualism” implicit in human rights thinking: it is this, rather than abstract or absolute universals, that lays the basis for civil society and, in its Christian variants, “provides the safest havens for non-Christian religions to flourish without political control” (p. 49). It is the rights of each individual, not of communitarian entities, that are to be respected. The religions tend to be particularistic, but this does not mean that the sources of human rights thinking are necessarily secular humanist. Stackhouse leaves us with two very significant questions: “... whether we can form a global civil society that does not have a theologically based inner moral architecture,” and whether “human rights principles become more effective without attention to their roots and justifying ultimate legitimations” (p. 50). Terry Muck also confronts us with the tensions between universality and cultural specificity, the individual and the communal, arguing that religions all... (shrink)

Drawing on historical inisights, systematic reflections and empirical data, this book offers a substantive understanding of the complex relationship between religion and human rights and of the empirical impact of Christianity and Islam on the attitudes toward human rights, i.e. a human rights culture.

Rick Johnstone's plea for liberal federalism and a supranational mechanism for enforcing “human rights” is reminiscent of what Thomas Hobbes said about “Christian commonwealths.” Behind their appeal to universal morality and religious doctrine was the frenzied attempt to shift rule “from Christian kings and sovereign assemblies absolute in their own territories” to “one Vicar of Christ, constituted of the universal church, to be judged, condemned, or deposed, or put to death as he shall think expedient, or necessary, for (...) the common good.” Johnstone is proposing or justifying a similar shift of authority for existing sovereign states to self-appointed vicars of…. (shrink)

To mark the 70th anniversary of the adoption of the Universal Declaration of Human Rights, the author embarked on an attempt to analyze the theoretical and historical framework that contributed to the adoption of the document. The first part of the article discusses the development of the philosophy of personalism from Mounier to Maritain and analyzes Maritain’s views on human rights. In the second part of the article, the author shows the decisive influence of the personalists (...) Charles Malik and Rene Cassin on the adoption of the document, which clearly bears the mark of the Christian personalistic discourse and notions. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Grounding Human Rights in a Pluralist World by Grace Y. Kao, and: Christianity and Human Rights: An Introduction ed. by John Witte, Frank S. AlexanderZachary R. CaloGrounding Human Rights in a Pluralist World Grace Y. Kao Washington, DC: Georgetown University Press, 2011. 239pp. $28.45Christianity and Human Rights: An Introduction Edited By John Witte and Frank S. Alexander New York: (...) Cambridge University Press, 2010. 390pp. $29.38Grace Kao’s Grounding Human Rights in a Pluralistic World and Christianity and Human Rights, edited by John Witte and Frank Alexander, both contribute to the growing and sophisticated literature addressing the relationship between religious traditions and human rights. Kao’s book opens by asking whether “the very idea of human rights [must] be premised upon a religious or metaphysical idea in order to be conceptually intelligible, sufficiently protected, or practically stable over time” (4). Kao proposes that this question has generally been answered in one of two ways: a “maximalist” response that identifies religion as a necessary foundation for human rights, and a “minimalist” response that rejects this turn to religion. A significant portion of the book is devoted to assessing representatives of these two approaches. Chapter 2 includes a discussion of maximalist thinkers Michael Perry, Max Stackhouse, Hans Küng, and Nicholas Wolterstorff. Chapters 3 through 5 consider different forms of minimalism, including that found in the work of John Rawls and Martha Nussbaum.Kao’s organization of the debate into maximalism and minimalism imposes a useful typology over a diverse range of thought while also establishing interesting points of contact and contestation among various thinkers. At the same time, because the analysis occurs at a rather high level of abstraction, it will be most useful to those already familiar with the texts and thinkers discussed. This is not a text for those seeking a summary introduction. Those less familiar will still profit from the book, but perhaps more from the opening and closing chapters than those discussed here. [End Page 187]Following the discussion of maximalism and minimalism, the final chapter of Kao’s book presents a model for moving beyond the “extremes” of these two dominant approaches (8). At its most basic, human rights, Kao argues, must be grounded in a nonreligious moral realism. This “straddling” of the “minimalist-maximalist divide” is, in certain respects, a creative and bold proposal for reshaping debate about religion and human rights. It defends the universality of human rights as being necessarily grounded in objective values but does not narrowly locate these values in religious sources. Yet, while offering some intriguing insights, the themes of this final chapter never quite come together to form a comprehensive theory. Kao’s proposal is more a selective appropriation of insights from others than a totalizing alternative.Because Kao does not fully develop her model, it is difficult to assess the particular rights claims that follow from its premises. This is evident, for instance, in Kao’s discussion of the so-called marginal cases, where it remains unclear what specific principles and methods have been employed to develop normative positions (160–61). This disconnect between theory and application limits the book’s ability to have an impact on core disputes within human rights. The most significant fault lines within the contemporary human rights debate involve the content and expanse of human rights more than their theoretical grounding, and human rights language often serves as a way to legitimize preferred political goods. Kao not only needs to defend her approach to grounding human rights but also to establish how this particular grounding informs the norms of human rights.Witte and Alexander’s edited volume, Christianity and Human Rights, addresses the relationship between religion and human rights from a quite different perspective. Whereas Kao critically assesses religion’s role as a foundation for human rights, the essays in Witte and Alexander’s book largely explore the meaning of human rights from within a Christian framework. The book does not entirely bypass questions about the warranting role of religion as such, but its concern is not to justify the role of Christianity within human rights but to develop “the budding new human rights hermeneutic of... (shrink)

A Critical Notice of Economic Statecraft: Human Rights, Sanctions, and Conditionality, by Cécile Fabre.

The present volumes unites papers which explore the European image of god in an intercultural context. They range from classical antiquity to contemporary philosophy and science.

The present volumes unites papers which explore the European image of god in an intercultural context. They range from classical antiquity to contemporary philosophy and science.

Recent developments in the Arab world reopen one of the most fertile debate topics in international relations theory: the universal nature of the concept “fundamental human rights” and their content. The perspectives are different, being influenced by an ideological background, especially theological, apparently contradictory, affecting the positions of major international actors, stimulating the revival of controversies on major differences between Western world and the developing societies. Through a balanced analysis, specific to critical postmodernism, of the way each civilization (...) (according to Samuel Huntington) relates to the human being and to its place within its own legal architecture, one can notice that, beyond any differences, joint elements can be identified for further integration into a common fundamental text conferring the consensual universality indispensable to such an important principle. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Human Dignity, Human Rights, and Religious Pluralism:Buddhist and Christian Perspectives1John D'Arcy MayThe question of how the concept of human rights—so crucially important for the implementation of justice in a rapidly globalizing world—relates to the plurality of cultures and religions has still not been solved. Controversies such as those over land rights in Aboriginal Australia and Asian values in Southeast Asia have shown this (...) repeatedly. In such cases, discussion eventually becomes focused on the universality of human rights, not just the global scope of the idea itself but the universal validity of catalogues of specific rights such as those contained in the United Nations' Universal Declaration of Human Rights (December 10, 1948). There is something arbitrary and unsystematic about such charters, as is shown by the rather different emphases in the African and Islamic documents which were meant to correct the UN's lack of universality.2 But if, in attempting to explore this problem seriously, one appears to tamper with the principle of universality, one can easily be accused of diluting the ethical force of human rights by questioning their applicability to every human being without exception. Nothing could be further from my mind, so before explaining what I wish to do in this paper I shall first set out some presuppositions that I take to be axiomatic:1. Our starting point is the dignity of the human, the unique value of each individual human life as a world constituted by consciousness, an originating source of free acts, which is therefore an end in itself and must never be misused as a means to other people's ends.3 This principle is reflected in formulations such as dignitas humana in the social teaching of the Catholic Church, which goes back to the biblical doctrine of the creation of human beings in the image of God, or in the unique status of the human being in the Buddhist scale of existence, on which neither animals nor gods but only humans are in a position to grasp the reality of their situation and strive for definitive release from the chain of becoming; hence the severity of the prohibition on taking human life as the third of the four cardinal offences (pārājika).42. The concept of "human rights" is one way of acknowledging this unique moral status of human dignity, in that rights accrue to the individual person [End Page 51] simply by virtue of his or her being rational, autonomous, and free. To this extent human rights language belongs within the Western tradition of liberal discourse, which lies at the heart of Western democracies and was profoundly influenced by Christianity. Conceptions of what it is that makes the human uniquely valuable, however, are very differently constructed in different cultural and religious traditions.53. What rights language tries to express in the conceptual framework provided by European culture has universal validity, although it is otherwise expressed in other cultures, for example, in terms of "duty," "obedience," "taboo," and so on. Problematic as it is in the context of postmodern discourse, the sameness-in-difference of the human as the criterion for rights everywhere and without exception is a categorical imperative on which the effectiveness of human rights as an instrument of justice depends.4. Conceptions of universality, however, may themselves be culturally determined and usually arise in contexts of domination: what is taken to be universally valid is often somebody's particular version of the truth of things which by virtue of a claim to universality is then imposed on others as "the" truth. Such conceptions are necessarily generalizations, whereas the moral impulse arises in the face-to-face encounter with the alien, unexpected and unwanted "other," as Levinas has shown.5. Universality is thus not available a priori but remains implicit in the intersubjectivity of human interaction until it is realized through shared practice and the negotiation of meanings; this applies all the more to interactions between religions and across cultures.66. Rights language, though a powerful instrument for the implementation of justice, is thus incomplete unless its Western (and Christian) conceptual presuppositions are complemented by the metaphors, stories, and... (shrink)

Internet of Things, Internet of Everything and Internet of People are concepts suggesting that objects, devices, and people will be increasingly interconnected through digital infrastructure that will generate a growing gathering of data. Parallel to this development is the celebration of the smart city and sharing city as urban policy visions that by relying heavily on new technologies bear the promise of efficient and thriving cities. Law and policy scholarship have either focused on questions related to privacy, discrimination, security, or (...) issues related to the production and use of big data, digital public services. Little or no attention has been paid to the disruptive impact of technological development on urban governance and city inhabitants’ rights of equal access, participation, management and even ownership, in order to understand whether and how technology can also enhance the protection of human rights and social justice in the city. This Article proposes complementing the technological and digital infrastructure with a legal and governance infrastructure, the Internet of Humans, by construing and injecting in the policy framework of the city the principle of Tech Justice. Building on a literature review and from an analysis of selected case studies, this Article stresses the dichotomy existing between the market-based and the society-based applications of technology, the first likely to increase the digital divide and the challenges to human rights in the city, the latter bearing the promise to promote equal access to technology in the city. The main argument advanced by this Article is that the principle of Tech Justice if embedded as an empirical dimension of smart city and sharing city policies can steer their developments in the direction of a more just and democratic city. (shrink)

We live today in the first global system of sovereign states in history, encompassing all of the world's polities, peoples, religions and civilizations. Christian Reus-Smit presents a new account of how this system came to be, one in which struggles for individual rights play a central role. The international system expanded from its original European core in five great waves, each involving the fragmentation of one or more empires into a host of successor sovereign states. In the most important, (...) associated with the Westphalian settlement, the independence of Latin America, and post-1945 decolonization, the mobilization of new ideas about individual rights challenged imperial legitimacy, and when empires failed to recognize these new rights, subject peoples sought sovereign independence. Combining theoretical innovation with detailed historical case studies, this book advances a new understanding of human rights and world politics, with individual rights deeply implicated in the making of the global sovereign order. (shrink)

"A type of book we always long to read for peace and joy in any nation, Father Dr. JoeBarth Abba touched many areas amidst orgies of circles of terrorisms, Islamic insurgents with key solutions for psycho-dialogical ways on cultural ethnic tensions for conflicts resolution." --Gerhard Ludwig Cardinal Mueller, Vatican, Rome ***The book presents an inquiry into the thoughts and scholasticism of Thomas Aquinas, his classical philosophical synthesis, his insights, and the quest for Justice and Human Rights as a (...) panacea or desired urgent solution to racial justice, abuse of human life, and human rights. Dissertation. (Series: Philosophy / Philosophie, Vol. 108) [Subject: African Studies, Human Rights Studies, Philosophy, Christian Studies, Thomas Aquinas]. (shrink)

As a human rights activist and lawyer who believes in the mutuality of theology and legal philosophy, the author argues that Catholic philosophy can catalyse the process of global reconciliation. This is because the Church has the ability to recognise the double burden faced by Christians around the world (especially in Asia) who are struggling to disassociate themselves from an “alien” and “western” mantle, while still trying to live and preach the Christian doctrine and find common ground with (...) other religions and cultures. Catholic philosophy, therefore, must engage itself and others meaningfully at an inter-religious, interdisciplinary, and multi-cultural level. We now live at a time in Church history when the gap in education between the clergy and the laity has been dramaticallynarrowed; as a result, it is imperative—especially now—to allow competing voices within the Church to be heard so that a healthy tension might arise andthrive. This will help to increase the transparency of discourse within the Catholic community itself, while also providing adaptive tools for dialogue with other,non-Catholic communities. (shrink)

The present collection of essays is devoted to the Christian philosophy of the most prolific and most speculatively ambitious of the Cambridge Origenists, Henry More. Not only did More revere Origen, whom he extolled as a "holy sage" and "that miracle of the Christian world", but he also developed a philosophical system which hinged upon the Origenian notions of universal divine goodness and libertarian human freedom. Throughout his life, More subscribed to the ancient theology of the pre-existence of souls (...) and took issue with the early modern philosophies of Thomas Hobbes, René Descartes and Baruch de Spinoza. His vision of God's goodness, experienced in his early school years at Eton, became the cornerstone of an Origenist rationalism which envisaged an extended world animated by divine thought and inhabited by self-moving rational agents. More's philosophy is the crowning attainment of the early modern rediscovery of Origen as well as a neglected major rationalist system in its own right which went on to exert decisive influence upon all subsequent western metaphysics. The essays collected in the first part provide a detailed introduction to More's voluminous writings. After a comprehensive general overview of his metaphysical and ethical system, the essays expound More's historical context and his philosophical development from his early poetry in the 1640s to his mature philosophical and theological prose works of the 50s, 60s and 70s. In addition, the reception of More and Origen in the later Cambridge Origenists and in Isaac Newton is outlined. The second part contains several excerpts from More's influential Latin works first translated into English by the editor. (shrink)

Human rights are one of the great civilizing projects of modernity. From their formal promulgation in the Universal Declaration of Human Rights in 1948 to their subsequent embrace by the newly independent states of Africa, human rights have emerged as the primary discourse of global politics and as an increasingly prominent category in the international and domestic legal system. In the theological realm, the concept of human rights has all but replaced its (...) antecedent, natural rights, while in the world of Christian social engagement the language of human rights has become the lingua franca of political action. But within theological circles, human rights continue to be both controversial and contested. Some skeptics contend that human rights reflect individualism, secularity, and Western political imperialism in disguise. Hogan, though, thinks human rights language is worth defending and tries to re-envision it. Avoiding claims of universal values, she draws on the constructivist strand of political philosophy to argue that human rights are best conceived in a three-fold manner: requirements for human flourishing; reflecting the needs of the community; and as emancipatory politics. (shrink)

Are there human rights to a good such as social welfare, which depends on circumstances, and on the needs of a putative right-holder? Is justice constituted by rights? Does it take belief in God to understand the grounds of human rights? The essay responds to Nicholas Wolterstorff’s answers to these questions.

This study examines the influence of Christian religion on corporate decisions related to human rights in the United States. Specifically, it examines the empirical association between a company's human rights practices and the Christian religiosity in its local community, as well as individual CEO religiosity in the United States, both of which have not been tested in prior studies. Employing a large sample from the United States, we find a congruent association between the “human (...) class='Hi'>rights friendly” practices of a company and the Christian religiosity of the local community. This novel finding is robust to a diverse set of tests. In addition, we find that the association between Christian religiosity in the United States and human rights is more significant in reducing human rights concerns, than it improves human rights strengths. This study interprets these results as upholding the religious morality hypothesis, namely, that companies located in areas with higher religiosity are likely to engage in more human rights-friendly practices, and the United States. Christians consider religion as an influencing factor that encourages managers to embrace human rights. Furthermore, this study finds that individual religious managers tend toward more human rights-friendly practices, supporting our religious manager hypothesis. (shrink)

This essay illustrates the potential of religion to both oppress and empower women, focusing on the role of Buddhism in Thailand in relation to the trafficking of women for the sex industry. After describing a number of ways that traditional Thai Buddhist culture functions to legitimate the trafficking industry, and thereby deny the human rights of women involved in sexual slavery, I draw on the analogy of Christianity in relation to slavery in the ante-bellum American South to (...) make the case that Buddhist teachings have the potential to oppose and condemn practices of sexual slavery as well as to justify and legitimate them. The essay concludes by discussing what are perhaps the most effective sources for empowering women involved in trafficking within the Thai Buddhist tradition. (shrink)

Leading legal scholar John Witte, Jr. explores the role religion played in the development of rights in the Western legal tradition and traces the complex interplay between human rights and religious freedom norms in modern domestic and international law. He examines how US courts are moving towards greater religious freedom, while recent decisions of the pan-European courts in Strasbourg and Luxembourg have harmed new religious minorities and threatened old religious traditions in Europe. Witte argues that the robust (...) promotion and protection of religious freedom is the best way to protect many other fundamental rights today, even though religious freedom and other fundamental rights sometimes clash and need judicious balancing. He also responds to various modern critics who see human rights as a betrayal of Christianity and religious freedom as a betrayal of human rights. (shrink)

This paper traces some changes in Catholic political theory eventually taken up and extended during World War II by Jacques Maritain, who became the foremost philosophical exponent of the idea of "human rights" on the postwar scene. I show that the invention of the idea of the "dignity of the human person" as embedded in the Universal Declaration of Human Rights occurred not in biblical or other longstanding traditions, but instead in very recent and contingent (...) history. In conclusion, I speculate on what the restoration of Maritain's route to human rights to its proper contexts might suggest about the cultural meaning the idea had in postwar Continental Europe, which became its homeland. (shrink)

This article vindicates human rights, not as natural rights holding wherever human beings are, but as reducible to one historically constructed right to freedom of thought and its universal modes. Universal morality is elicited from international human rights law. To be moral is first to help engender everywhere either mere inner recognition of the validity of rights or mere outer compliance with their requirements; and to engender finally inner recognition expressed in a duty (...) of outer observance. Human rights ethics replaces the rights consciousness common in the West with a duty consciousness. This universal rational morality supersedes utilitarianism, Kantianism, and other rational theories. Yet moralities making no rational claim on all (e.g., Christian, Buddhist) may flourish within human rights ethics as the universal ethical minimum. (shrink)

The relationship between Eastern Orthodoxy and the political ethos of the West is of crucial importance for contextualizing the Church’s social engagement in the present day. Aristotle Papanikolaou and Vigen Guroian highlight points of tension in their respective accounts of the relationship between the Orthodoxy and western democratic social orders. Analysis of their argument provides a context for examining their contrasting understandings of human rights as a dimension of the public engagement of Orthodox Christians with the political realm. (...) While neither completely rejects appeals to human rights, neither claims that such rhetoric manifests the full truth about the dignity of the human person according to the theological anthropology of Orthodox Christianity. Patriarch Bartholomew of Constantinople, Archbishop Anastasios Yannoulatos of Albania, the statements of the Council of Crete (2016), and several other contemporary Orthodox voices place appeals to human rights in a theologically nuanced context that affirms their legitimacy while refraining from identifying them with the fullness of the moral and spiritual vision of Orthodox Christianity. Analysis of the debate between Papanikolaou and Guroian gives rise to a tentative affirmation of the critical use of the language of human rights in Eastern Orthodox social ethics. (shrink)

This volume is about the positive, ambivalent, null and negative effects in various historical periods by various religious denominations within Christianity, Islam and Hinduism on the attitudes towards human rights of the first, second and third generation.