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26 - Natural Law and Human Rights amid the Legal Ruins of Liberal Scepticism, Values Language, and Global Resets

from Part V - Rival Interpretations and Interpretive Principles

Published online by Cambridge University Press:  03 November 2022

Tom Angier
Affiliation:
University of Cape Town
Iain T. Benson
Affiliation:
University of Notre Dame, Australia
Mark D. Retter
Affiliation:
University of Cambridge
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Summary

This chapter argues that natural law duties and corresponding human rights require attention to moral and metaphysical frameworks, and education into moral traditions sustaining those frameworks. If such traditions are eclipsed, or lost for a time, there will be deformations in our understanding and language concerning the relationship between the self and the moral universe around us; and, thus, to our understanding and application of human rights. In particular, the chapter examines the shift in language from ‘virtue’ to ‘values’ and ‘person’ to ‘individual’. It explores how the abstracted concepts of ‘values’ and ‘individual’ create confusions in the application of human rights. Instead, it is argued that the moral language supporting human rights application should be sustained within a metaphysical tradition. And, for such traditions to thrive, they require subsidiarity for what Habermas calls ‘life-worlds’ – the many and varied voluntary associations that make up human life in community. Without commitment to subsidiarity, the pursuit of mere techné will undercut the moral sources embedded within those life-worlds, which nourish understanding of and respect for human rights.

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Publisher: Cambridge University Press
Print publication year: 2022

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