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The Cambridge Handbook of Natural Law and Human Rights
An intellectually rigorous and accessible overview of key topics on the relationship between natural law and human rights.
Tom Angier (Edited by), Iain T. Benson (Edited by), Mark D. Retter (Edited by)
9781108837514, Cambridge University Press
Hardback, published 17 November 2022
704 pages
26.3 x 18.6 x 3.2 cm, 1.18 kg
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.
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.
Subject Areas: Human rights & civil liberties law [LNDC], Jurisprudence & philosophy of law [LAB]