Book contents
- The Cambridge Handbook of Natural Law and Human Rights
- The Cambridge Handbook of Natural Law and Human Rights
- Copyright page
- Contents
- Contributors
- Acknowledgements
- Introduction
- Part I Natural Law and the Origins of Human Rights
- Part II Natural Law Foundations of Human Rights Obligations
- Part III Natural Law and Human Rights within Religious Traditions
- Part IV The Human Person, Political Community, and Rule of Law
- Part V Rival Interpretations and Interpretive Principles
- 24 Moral Pluralism, Political Disagreement, and Human Rights
- 25 Human Rights Law and Adjudication
- 26 Natural Law and Human Rights amid the Legal Ruins of Liberal Scepticism, Values Language, and Global Resets
- 27 Human Rights and the Modes of Judicial Responsibility
- 28 The Right to Religious Freedom
- 29 Natural Law, Rights of the Family, and International Human Rights Instruments
- 30 Natural Law and Socioeconomic Rights
- 31 Solidarity and Global Allocation of COVID-19 Vaccines
- Part VI Challenges and Future Prospects
- Index
24 - Moral Pluralism, Political Disagreement, and Human Rights
from Part V - Rival Interpretations and Interpretive Principles
Published online by Cambridge University Press: 03 November 2022
- The Cambridge Handbook of Natural Law and Human Rights
- The Cambridge Handbook of Natural Law and Human Rights
- Copyright page
- Contents
- Contributors
- Acknowledgements
- Introduction
- Part I Natural Law and the Origins of Human Rights
- Part II Natural Law Foundations of Human Rights Obligations
- Part III Natural Law and Human Rights within Religious Traditions
- Part IV The Human Person, Political Community, and Rule of Law
- Part V Rival Interpretations and Interpretive Principles
- 24 Moral Pluralism, Political Disagreement, and Human Rights
- 25 Human Rights Law and Adjudication
- 26 Natural Law and Human Rights amid the Legal Ruins of Liberal Scepticism, Values Language, and Global Resets
- 27 Human Rights and the Modes of Judicial Responsibility
- 28 The Right to Religious Freedom
- 29 Natural Law, Rights of the Family, and International Human Rights Instruments
- 30 Natural Law and Socioeconomic Rights
- 31 Solidarity and Global Allocation of COVID-19 Vaccines
- Part VI Challenges and Future Prospects
- Index
Summary
This chapter examines Maritain’s notion of practical consensus amongst diverse views and backgrounds. For the Universal Declaration, this was built around a specific text setting forth rights dishonoured during war. Post-war conditions provided a stimulus for agreement amongst States. The chapter considers the prospects for consensus when moving beyond the mere enumeration of human rights, to their application in contemporary times, confronted with diverse philosophical views about their foundations. Reflecting on Maritain’s economic thought, I argue that those prospects are hampered given economic instrumentalisation and injustice from global capitalist structures. Moreover, efforts to reach political consensus on a regular basis are confronted with power in politics, which tempts some actors to go for broke, gain full control, and avoid compromise. Maritain realised that progress in protecting human rights would be replete with backward steps and new starts. Nevertheless, his hope was that the practically-embodied consensus embodied in the Universal Declaration would develop through progress in a common ethical life, despite divergence in theoretical explanations of that life.
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- The Cambridge Handbook of Natural Law and Human Rights , pp. 355 - 370Publisher: Cambridge University PressPrint publication year: 2022