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eBook details

• Title: Religious Liberty and Human Dignity: A Tale of Two Declarations.
• Author : Harvard Journal of Law & Public Policy
• Release Date : January 22, 2003
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 262 KB

Description

"We agree on these rights," Jacques Maritain once stated, "provid[ed] we are not asked why." (1) He was referring to his work on the 1946 UNESCO Committee on the Theoretical Bases of Human Rights, but he might just as well have been referring to the American intellectual community today: We all agree that there is such a thing as human dignity (who would oppose it?), just so long as we do not have to say why. The "why" of human rights, however, is vitally important. For example, if human rights are widely said to follow from human dignity, then the contours of those rights must depend on the contours of that dignity. Change the basis or the scope of human dignity and the rights, so to speak, go all wrong. This article compares two human rights declarations, one that was unable to state an explicit basis for either rights or dignity, the United Nations' Universal Declaration of Human Rights ("Universal Declaration"), (2) and one that was prepared to argue for both, Vatican II's Declaration on Religious Freedom. (3) I. UNIVERSAL DECLARATION

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