God, New Natural Law Theory, and Human Rights
Critics of the “New” Natural Law (NNL) theory have raised questions about the role of the divine in that theory. This paper considers that role in regard to its account of human rights: can the NNL account of human rights be sustained <i>without</i> a more or less explicit advertence to...
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| Format: | Article |
| Language: | English |
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MDPI AG
2021-08-01
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| Series: | Religions |
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| Online Access: | https://www.mdpi.com/2077-1444/12/8/613 |
| _version_ | 1797522249422471168 |
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| author | Christopher Tollefsen |
| author_facet | Christopher Tollefsen |
| author_sort | Christopher Tollefsen |
| collection | DOAJ |
| description | Critics of the “New” Natural Law (NNL) theory have raised questions about the role of the divine in that theory. This paper considers that role in regard to its account of human rights: can the NNL account of human rights be sustained <i>without</i> a more or less explicit advertence to “the question of God’s existence or nature or will”? It might seem that Finnis’s “elaborate sketch” includes a full theory of human rights even prior to the introduction of his reflections on the divine in the concluding chapter of <i>Natural Law and Natural Rights</i>. But in this essay, I argue that an adequate account of human rights cannot, in fact, be sustained without some role for God’s creative activity in two dimensions, the ontological and the motivational. These dimensions must be distinguished from the epistemological dimension of human rights, that is, the question of whether epistemological access to truths about human rights is possible without reference to God’s existence, nature, or will. The NNL view is that such access is possible. However, I will argue, the epistemological cannot be entirely cabined off from the relevant ontological and motivational issues and the NNL framework can accommodate this fact without difficulty. |
| first_indexed | 2024-03-10T08:26:43Z |
| format | Article |
| id | doaj.art-c3724df3ed574aeb9eb8fcbdd7374fab |
| institution | Directory Open Access Journal |
| issn | 2077-1444 |
| language | English |
| last_indexed | 2024-03-10T08:26:43Z |
| publishDate | 2021-08-01 |
| publisher | MDPI AG |
| record_format | Article |
| series | Religions |
| spelling | doaj.art-c3724df3ed574aeb9eb8fcbdd7374fab2023-11-22T09:30:01ZengMDPI AGReligions2077-14442021-08-0112861310.3390/rel12080613God, New Natural Law Theory, and Human RightsChristopher Tollefsen0Department of Philosophy, University of South Carolina, Columbia, SC 29208, USACritics of the “New” Natural Law (NNL) theory have raised questions about the role of the divine in that theory. This paper considers that role in regard to its account of human rights: can the NNL account of human rights be sustained <i>without</i> a more or less explicit advertence to “the question of God’s existence or nature or will”? It might seem that Finnis’s “elaborate sketch” includes a full theory of human rights even prior to the introduction of his reflections on the divine in the concluding chapter of <i>Natural Law and Natural Rights</i>. But in this essay, I argue that an adequate account of human rights cannot, in fact, be sustained without some role for God’s creative activity in two dimensions, the ontological and the motivational. These dimensions must be distinguished from the epistemological dimension of human rights, that is, the question of whether epistemological access to truths about human rights is possible without reference to God’s existence, nature, or will. The NNL view is that such access is possible. However, I will argue, the epistemological cannot be entirely cabined off from the relevant ontological and motivational issues and the NNL framework can accommodate this fact without difficulty.https://www.mdpi.com/2077-1444/12/8/613new natural law theorynatural lawhuman rights |
| spellingShingle | Christopher Tollefsen God, New Natural Law Theory, and Human Rights Religions new natural law theory natural law human rights |
| title | God, New Natural Law Theory, and Human Rights |
| title_full | God, New Natural Law Theory, and Human Rights |
| title_fullStr | God, New Natural Law Theory, and Human Rights |
| title_full_unstemmed | God, New Natural Law Theory, and Human Rights |
| title_short | God, New Natural Law Theory, and Human Rights |
| title_sort | god new natural law theory and human rights |
| topic | new natural law theory natural law human rights |
| url | https://www.mdpi.com/2077-1444/12/8/613 |
| work_keys_str_mv | AT christophertollefsen godnewnaturallawtheoryandhumanrights |