Is the concept of human rights a modern invention or a divine legacy?
In short: While the 1948 United Nations declaration is a landmark of our age, the underlying logic of rights may predate modern law. To find a firm foundation for human rights, we must ask if they are merely legal constructs or if they rest on a deeper moral imperative rooted in our very nature.
Creating a global legal framework for human rights post-World War II represents a major milestone of the contemporary age. However, Lord Harries argues that to secure a firm foundation for these rights, we must address the perception that religions may appear indifferent to them. He seeks to bridge the gap between modern legal frameworks and theological foundations. While the specific language of 'rights' became prominent in the 17th century, the underlying concepts of law and justice have deeper roots.
For instance, a law forbidding theft implies a right to property, and a law forbidding harm implies a right to safety. In this sense, rights are built into the very notion of law: if one person has a duty to respect another, that other person possesses a corresponding right to be respected.
The distinction lies in 'human rights,' which are due to us by virtue of our humanity alone. These rights imply a moral basis that acts as a catalyst for legal change, aiming to align human law with a moral imperative. This imperative is rooted in the concept of 'natural law'—the idea that our capacity for moral decision-making is inherent to our nature, regardless of specific religious beliefs. This notion remains philosophically contested. Some argue that because different cultures have different understandings of right and wrong, a universal moral law cannot exist. However, Harries maintains that all humans possess a capacity to distinguish right from wrong and act morally, suggesting that human rights are not just political choices but reflections of a fundamental human capacity.
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Sources
- Summary by Intellect · source: Does God Believe in Human Rights? [Pt 2] by Lord Harries, Gresham Professor of Divinity
- Also: Christianity and Public Life: Does God believe in Human Rights?
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