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. (shrink)

The notion of human rights is highly controversial and contested in modern scholarship. However, human rights have been defined as ‘the rational basis… for a justified demand.’ What constitutes demand should be understood as that which is different from favor or privilege but one's due, free from racial, religious, gender, political inclinations. But since rights are basic due to the fact that they are necessary for the enjoyment of something else, we are poised to examine it from the pre-figurative, configurative (...) and post-figurative stages of development in Africa. This enterprise anchors on the belief in cosmotheandrisation of human rights in Africa: cosmos ‘earth’, theos ‘God’ and anthropos ‘human’. These three levels of horizontal and vertical relationship guarantee the respect for human rights in traditional Africa. Through this approach, this enterprise shows that the positive approach to human rights is majorly declarative without corresponding pragmatic manifestation. (shrink)

In pre-democratic – also pre-modern – times, religion had been at the centre of much of human life, filling the private as well as the public realm of people’s daily existence. However, with the change to democratic rule in major countries in the modern world (see, most influentially, Article 1 of the French Constitution after the French Revolution and the First Amendment to the Constitution of the United States, influencing all other democracies in their wake), religion has for the most (...) part reflexively been sidelined from public life. Or has it? Does religion not still hold a special place in law in democratic societies, but now in reverse? Firstly, whereas matters of religious faith had throughout the greater part of human history been included in matters of politics, it is now as a matter of course of law excluded, purposely so. Religion is thus still a ‘special case’, a unique aspect of humanity when compared to all other matters, in law as much as in politics and other aspects of public life. Secondly, in the post-secular cultural climate dawning across the world, matters of faith (religion, spirituality) are no longer as stringently excluded from public life, which impacts directly on how religion is touched upon in law, sociology, philosophy, music and other academic disciplines too. Our dawning post-secular age is bringing something new. Two scholars, who have been doing foundational work in this regard, have done so fully in parallel, not taking cognisance of the mutualities in their academic contributions. Otto in Munich, Germany, has been combining his two areas of expertise, the Pentateuch in the Hebrew Bible and the sociologist Max Weber, to indicate the trajectory through history of democratic impulses from Ancient Near Eastern founding documents into the current era. Benson in Sydney, Australia, has on his part been drawing on his expertise in law as practised in Canada and taught in Europe, South Africa and Australia to indicate how, in inclusively liberal democracies, law cannot justifiably be used to exclude religion from the public domain, as has been the usual modern case. Drawing together these parallel contributions, Lombaard places these initiatives within the emerging post-secular climate, which augurs a different way of being religious or non-religious, publicly as much as privately, in democratic societies in our time. (shrink)