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Angus J. L. Menuge - Legitimizing Human Rights: Secular and Religious Perspectives

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Angus J. L. Menuge Legitimizing Human Rights: Secular and Religious Perspectives
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When does the exercise of an interest constitute a human right? The contributors to Menuges edited collection offer a range of secular and religious responses to this fundamental question of the legitimacy of human rights claims. The first section evaluates the plausibility of natural and transcendent foundations for human rights. A further section explores the nature of religious freedom and the vexed question of its proper limits as it arises in the US, European, and global contexts. The final section explores the pragmatic justification of human rights: how do we motivate the recognition and enforcement of human rights in the real world? This topical book should be of interest to a range of academics from disciplines spanning law, philosophy, religion and politics.

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LEGITIMIZING HUMAN RIGHTS
Menuge has brought together a first-rate, international set of contributors to advance our reflection on the foundation, nature, and importance of human rights. This book should be studied by all those interested in human rights and who take seriously the need to inquire into the basis and justification of those rights.
Charles Taliaferro, St. Olaf College, USA
Amongst the plethora of books on human rights, this book is remarkable. Firstly, it confronts two opposite and socially important perspectives of human rights: secular and religious. Secondly, it presents dialogues from both sides and the contributors present differing viewpoints on many issues. This is what makes the book especially exciting and I recommend it with a deep conviction.
Lech Morawski, Nicolaus Copernicus University, Poland
Since the publication of the Universal Declaration of Human Rights in 1948, human rights have been an important element in bridging cultures. But what is the foundation of human rights? Can human rights be founded within secular culture or do we need religion for that? This is a central preoccupation in this interesting and important volume.
Afshin Ellian, Leiden University, The Netherlands
Taken together, the chapters collected in Legitimizing Human Rights serve to remind atheists that if they insist on removing all traces of the laws debt to the Biblical religions, they will have also undercut the most philosophically compelling grounds for upholding the idea of human rights.
Steve Fuller, University of Warwick, UK
One of the marks of an outstanding anthology is that its contributors confront the reader in such a way that he finds himself in an ebb and flow of dialogue, dissent, and agreement while paging through it. Thats how I found myself while reading this important collection. In an age in which religious belief is not taken seriously in the rarefied corridors of the academy, this book is a welcome contribution to the literature on human rights, theology, and religious liberty.
Francis J. Beckwith, Baylor University, USA
Legitimizing Human Rights
Secular and Religious Perspectives
Edited by
ANGUS J.L. MENUGE
Concordia University Wisconsin, USA
First published 2013 by Ashgate Publishing Published 2016 by Routledge 2 Park - photo 1
First published 2013 by Ashgate Publishing
Published 2016 by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
711 Third Avenue, New York, NY 10017, USA
Routledge is an imprint of the Taylor & Francis Group, an informa business
Copyright Angus J.L. Menuge 2013
All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.
Notice:
Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.
Angus J.L. Menuge has asserted his right under the Copyright, Designs and Patents Act, 1988, to be identified as the editor of this work.
British Library Cataloguing in Publication Data
Legitimizing human rights : secular and religious perspectives. -- (Applied legal philosophy)
1. Human rights--Philosophy. 2. Human rights--Religious aspects. 3. Freedom of religion.
I. Series II. Menuge, Angus J. L.
340.112-dc23
The Library of Congress has cataloged the printed edition as follows:
Menuge, Angus J. L.
Legitimizing human rights : secular and religious perspectives / by Angus J.L. Menuge.
pages cm
Includes bibliographical references and index.
ISBN 978-1-4094-5002-3 (hardback)
1. Human rights. 2. Human rights--Religious aspects. 3. Secularism. I. Title.
K3240.M48 2013
323.442--dc23
2013000854
ISBN 9781409450023 (hbk)
Contents

Angus J.L. Menuge

Paul Copan

Paul Cliteur

Angus J.L. Menuge

Friedrich Toepel

John H. Calvert

Vito Breda

John Warwick Montgomery

Hendrik Kaptein

Dallas Miller

Dobrochna Bach-Golecka
Series Editors Preface
The objective of the Applied Legal Philosophy series is to publish work which adopts a theoretical approach to the study of particular areas or aspects of law or deals with general theories of law in a way which focused on issues of practical moral and political concern in specific legal contexts.
In recent years there has been an encouraging tendency for legal philosophers to utilize detailed knowledge of the substance and practicalities of law and a noteworthy development in the theoretical sophistication of much legal research. The series seeks to encourage these trends and to make available studies in law which are both genuinely philosophical in approach and at the same time based on appropriate legal knowledge and directed towards issues in the criticism and reform of actual laws and legal systems.
The series will include studies of all the main areas of law, presented in a manner which relates to the concerns of specialist legal academics and practitioners. Each book makes an original contribution to an area of legal study while being comprehensible to those engaged in a wide variety of disciplines. Their legal content is principally Anglo-American, but a wide-ranging comparative approach is encouraged and authors are drawn from a variety of jurisdictions.
Tom Campbell
Series Editor
Centre for Applied Philosophy and Public Ethics
Charles Sturt University, Canberra.
List of Contributors
Dr. Dobrochna Bach-Golecka is Associate Professor at the Department of European Law, Faculty of Law and Administration, University of Warsaw. She holds a Ph.D. in public international law and a Ph.D. in divinity studies. Her recent publications and scientific interests include such topics as public health, regulation of services in European law, democracy and human rights, solidarity, and social values in Christian teaching. She was a visiting fellow at the Lauterpacht Center for International Law at Cambridge University in 2002, where she did research culminating in her book, Democracy in International Law.
Dr. Vito Breda (Ph.D. Edinburgh, LL.M. Brussels, LL.B. Milan) is lecturer of law at Cardiff Law School and holds a visiting professorship at the Faculty of Law of the Jesuit University of Deusto. His has written extensively on constitutional theory, jurisprudence, and citizenship. In 2010, he was appointed visiting fellow at the Center for European Studies at Canberra Australia National University and was one of the researchers of the FP5 EU Consent NetworkGroup 10 (Democracy Legitimacy and Identity). Most recently he was awarded a supervising professorship in comparative thought at the Law School of the Universit degli Studi di Brescia. Before joining the Cardiff Law School, Dr. Breda worked as researcher for the Scottish Parliament.
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