Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-r5zm4 Total loading time: 0 Render date: 2024-06-15T15:35:46.819Z Has data issue: false hasContentIssue false

5 - The Case against the Marriage of Natural Law and Natural Rights

from Part I - Natural Law and the Origins of Human Rights

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
Get access

Summary

This chapter outlines three positions on the desirability of a marriage of the natural law and natural rights traditions: (i) that natural law and natural rights may be united without any recourse to revelation; (ii) that natural law and natural rights may be united but only by recourse to revelation; and (iii) that any form of union between natural law and natural rights should be avoided as contrary to the common good and the well-being of the City of God. It is argued that the third position is the preferred on the grounds that the natural rights tradition is difficult to translate into a non-individualistic, communitarian framework. Social bonds and civic ties revolve primarily around mediating institutions such as the family and cultural, educational, and sports associations, not around the machinery of the state and abstract concepts. Unlike Bills of Rights that enumerate rights attached to individuals, the alternative Common Law tradition presupposes that human persons live in communities, that human life is relational, and that conflicts arise for adjudication when a clash of claims occur that need to be resolved with reference to some higher common good.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2022

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×