Skip to main content Accessibility help

We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.

Close cookie message
×
  1. Home
  2. Search

Refine search

Refine search

Access:
Content type:
Publication date:
Apply   From and To filters
Subject: Show more
Journals Show more
Publishers: Show more
Societies Show more
Series: Show more
Collections: Show more

Actions for selected content:

Select all | Deselect all
  • View selected items
  • Export citations
  • Download PDF (zip)
  • Save to Kindle
  • Save to Dropbox
  • Save to Google Drive

Save Search

You can save your searches here and later view and run them again in "My saved searches".

Please provide a title, maximum of 40 characters.
Cancel
×

33 results

Page 1 of 2

MacIntyre's After Virtue at 40
  • Edited by Tom Angier
  • Coming soon
  • Expected online publication date: October 2023
  • Print publication: 26 October 2023
  • Since its publication in 1981, Alasdair MacIntyre's After Virtue has been recognised as a classic. Primarily a work of moral philosophy, it also draws on sociology, classics, political science and theology to effect a unique intellectual synthesis, and its combination of erudition and challenging, even provocative argument has made a significant impact throughout the humanities disciplines. This volume of new essays unpacks the influence of After Virtue on ethical and political theory, sociology and theology, and offers a multi-faceted exploration of its significance. The essays offer a way into MacIntyre's philosophy, and demonstrate how, rather than waning in influence over the past forty years, his most seminal text has found an ever-wider audience and continues to inspire controversy and debate in the humanities.

  • 8 - Ontological and Epistemological Foundations of Human Rights

  • from Part II - Natural Law Foundations of Human Rights Obligations
  • Edited by Tom Angier, University of Cape Town, Iain T. Benson, University of Notre Dame, Australia, Mark D. Retter, University of Cambridge
  • Book: The Cambridge Handbook of Natural Law and Human Rights
  • Published online: 03 November 2022
  • Print publication: 17 November 2022, pp 119-132

  • Summary

    This chapter focuses on Maritain’s analysis of the ontological and epistemological foundations of human rights, and his wider hope for ‘practical agreement’ on the content of those rights. On the ontological front, I argue that such agreement is not forthcoming on the basis of natural teleology or eternal law. Neither of these secures assent across the world’s major religious or philosophical traditions. On the epistemological front, neither rationalism nor naturalism holds great promise. While Maritain upholds the naturalist alternative, his efforts devolve into a performative contradiction. For he hopes to rest agreement about human rights on ‘natural inclinations’, which, at the same time, he confines to the realm of the non-conceptual, non-rational and pre-conscious. This constitutes a markedly weak, even incoherent basis for agreement. The stage is set, therefore, for ‘new’ natural law theory, which proposes a non-ontological, purely rationalist foundation. I conclude that this too is an unpromising basis for agreement on rights. Instead, we need a new approach, one that privileges the deliverances of the social sciences and does not strive for universal consensus.

  • 1 - The Perennial and Dynamic Relationship between Human Rights and Natural Law

  • from Introduction
  • Edited by Tom Angier, University of Cape Town, Iain T. Benson, University of Notre Dame, Australia, Mark D. Retter, University of Cambridge
  • Book: The Cambridge Handbook of Natural Law and Human Rights
  • Published online: 03 November 2022
  • Print publication: 17 November 2022, pp 3-28
    • Chapter
      • You have access
    • PDF
    • HTML
    • Export citation

  • Summary

    This introductory chapter identifies the key questions, themes and debates addressed within the Handbook on Natural Law and Human Rights, and provides a conceptual overview of and integrated perspective on its contents. In particular, it argues that there is a perennial relationship between human rights and the phenomenon of natural law, which is revealed when we consider how human rights claims can justify the moral demands made on other agents and on the political community. Without prior moral duties – a natural law – human rights claims are impugned by the ‘individualist fallacy’, whereby the potential value of the right to the claimant is presumed sufficient to impose overriding duties, without due consideration being paid to the constitutive social commitments necessary to make that value a matter of common concern and action. The failure to come to grips with this problem, we argue, has led to certain blindspots in contemporary human rights theory and practice. This chapter draws to a close by identifying the key benefits we see accruing from a natural law theory of human rights.

The Cambridge Handbook of Natural Law and Human Rights
  • Edited by Tom Angier, Iain T. Benson, Mark D. Retter
  • Published online: 03 November 2022
  • Print publication: 17 November 2022
  • 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.
Natural Law Theory

Natural Law Theory
  • Tom Angier
  • Published online: 20 August 2021
  • Print publication: 16 September 2021
  • In Section 1, I outline the history of natural law theory, covering Plato, Aristotle, the Stoics and Aquinas. In Section 2, I explore two alternative traditions of natural law, and explain why these constitute rivals to the Aristotelian tradition. In Section 3, I go on to elaborate a via negativa along which natural law norms can be discovered. On this basis, I unpack what I call three 'experiments in being', each of which illustrates the cogency of this method. In Section 4, I investigate and rebut two seminal challenges to natural law methodology, namely, the fact/value distinction in metaethics and Darwinian evolutionary biology. In Section 5, I then outline and criticise the 'new' natural law theory, which is an attempt to revise natural law thought in light of the two challenges above. I conclude, in Section 6, with a summary and some reflections on the prospects for natural law theory.

Page 1 of 2