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The Cambridge Handbook of Natural Law and Human Rights

The Cambridge Handbook of Natural Law and Human Rights

Author: Tom Angier; Iain T. Benson; Mark D. Retter
Publisher: Cambridge University Press
ISBN: 9781108837514
Published In: November 2022
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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

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