Guide Toward a Theory of Human Rights: Religion, Law, Courts

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What is the relationship of the morality of human rights to the law of human rights? In addressing that question, I focus on three controversial issues: capital punishment, abortion, and same-sex unions.

What is the proper role of courts in protecting, and therefore in interpreting, the law of human rights--in particular, constitutionally entrenched human rights law? I give special attention to the Supreme Court of the United States. For a fuller overview of the questions I address in the book, interested readers can download below the book's table of contents, introduction, and conclusion.

Perry, Michael Permalink. About Resources RSS. Enter your email to subscribe:. To shed some light over this sweeping question, I decided to present four competing models of world order in relation to their understanding of freedom of religion: US, Asia, Islam and Europe. All four models have a common root in the acceptance of the Westphalian deal that divides the world into discrete nation states, each of which being in charge of its own security that depends amongst other things on the management of religious diversity. The nation state has had an important role to play in the protection of the Westphalian world order, and in the management of religion.

It is however unclear whether the nation state can continue to have such a central role given that religion escapes national control by playing an increasing more globalized role which calls for international, and transnational, responses rather than national ones. Some nation states, such as the US, seem to be keen to export their own model of freedom of religion around the world riding roughshod over cultural differences in relation to the very understanding and centrality of religion.

Engaging with freedom of religion at the global level calls for a deep rethinking of the basic categories of religion and the secular.

2. The Existence and Grounds of Human Rights

A Genealogy of State Sovereignty more. A genealogical account attempts to unravel the most basic features lying beneath a concept. To begin with, I point to the theological origins of the notion of sovereignty that is deeply bound up with the idea of God, and in particular To begin with, I point to the theological origins of the notion of sovereignty that is deeply bound up with the idea of God, and in particular with a voluntarist image of God who is capable of intervening directly in the world. In the second stage, I present the rationalistic attempt to save the theological origins by providing a non-voluntarist account of sovereignty.

Thirdly, I sketch an account of state sovereignty that attempts to do away altogether with any theological foundation of political authority. I argue that the best account of state sovereignty is naturalistic because it can explain the emergence, rise and decline of the national state. A naturalistic account of state sovereignty shows the deep connection between descriptive and prescriptive laws: when the two match, then state sovereignty is secure; if the two have divergent paths, then state sovereignty declines. I conclude by pointing to the fact that the decline of the Westphalian system of state sovereignty is connected with the lack of ability on the part of the national state to meet the factual challenges of an economically globalised world through national laws.

A naturalistic account of state sovereignty highlights the last step in the evolution of the concept: when the transcendental explanation of state sovereignty disappears, the mist surrounding the political authority of the national state is lifted and we are capable to understand why the national state may one day be replaced by a competing framework of political authority that is more efficient in the resolution of global problems.

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Lorenzo Zucca | King's College London - worsaddgestechkfi.tk

Law vs Religion more. This paper deals with the conflict between Law and Religion in Europe. It analyzes various types of conflicts that arise between those two normative systems and offers a typology of those conflicts. Illustrations of those conflicts Illustrations of those conflicts include the role played by courts in adjudicating conflicts of rights to religious freedom and other rights; the role of the newly established Muslim Arbitration Tribunal; issues of conflict of laws dealing with the validity of poligamous marriages; and relation between State and Church.

After presenting those conflicts, the paper proposes innovative ways to understand those problems in order to dispel those conflicts rather than adjudicating them. Publication Date: Apr 15, Publication Name: papers. View on papers. The crisis of the secular state. The failure of the European Constitution ignited two apparently independent debates: what is the future of European states on one hand; and what is the place of Christian values in the European public sphere.

In recent years, the latter In recent years, the latter question became more and more burning; so much so that the future of European secular states is considered to be very much dependent on its ability to cope with the alleged threat of religion. This paper distinguishes two competing diagnoses of the same problem and suggests that the only way out for Europe is to be committed to a robust form of secularism that does not exclude religious minorities from the public sphere. Conflicts of Fundamental Rights as Constitutional Dilemmas more.

Publisher: papers. The comment deals with three issues: the place of religious symbols in the public sphere, the meaning of The comment deals with three issues: the place of religious symbols in the public sphere, the meaning of secularism today, and the notion of respect owed to parental convictions in the educational context. Each one of these pose a big problem in relation to the place of religion in the European Constitutional landscape. Crucifix in the classroom: the best solution to the Lautsi case more.

by Michael J. Perry

The Tragedy of Ms. Evans: Conflicts and Incommensurability of Rights, Evans v. European Constitutional Law. Monism and Fundamental Rights in Europe and Beyond more.

Toward a Theory of Human Rights: Religion, Law, Courts

The Classroom as a Tolerance Lab more. A Debate on Constitutional Dilemmas more. Publication Name: papers.

Privacy , Incommensurability , and Fundamental Rights. The Limits of the Age of Rights more. Tolerance vs Toleration more. Place of Religion in Constitutional Goods, The more. Too Good to Be True more. Harv Mag. Too good to be true. Colt GH. Two basic ideas characterize modern liberal constitutional theories: on the one hand widespread reasonable disagreement among completing schemes of justice is taken to be a fair description of our philosophical Two basic ideas characterize modern liberal constitutional theories: on the one hand widespread reasonable disagreement among completing schemes of justice is taken to be a fair description of our philosophical landscape; and on the other Publisher: litigation-essentials.

Undoubtedly, it constitutes a very important event since it purports to create a new system of rights protection. In order to In order to achieve this aim, the act also Publication Name: germanlawjournal. German Law.

Recensie(s)

View on germanlawjournal. To start Law and European Constitutional Law. Toleration or Tolerance? Book Reviews. Lorenzo Zucca.


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Article first published online: 31 OCT More content like this. Find more content: like this article. Find more content written Find more content written by: Lorenzo Zucca. Law and Modern Law. A Theory of Constitutional Rights more.


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    Law and Ethics of Human Rights

    Find more content: like this Law , Human right , and Modern Law. Two Conceptions of Global Order more. Trump's America is dismantling the global order the US helped to create. Meanwhile, China is emerging as the leading economic power. To affirm itself, China will have to rely on international institutions that facilitate trade and To affirm itself, China will have to rely on international institutions that facilitate trade and exchange with the rest of the world. When it comes to extending its influence in the world, China is thinking big and its New Silk Road project shows it.

    But China also needs to put forward its own vision of Global Order as an alternative to the existing orthodox conception, which is quickly losing legitimacy due to America's attitude towards international institutions.