From Natural Rights to Human Rights: a Cultural War in the Modern Era
At first sight the relation between natural rights being derived from natural law on the one hand and human rights on the other seems to be an innocent topic, but if one delves into its historical background the scene appears to be different. This applies even more so when the political background o...
| Published in: | Religion, state & society |
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| Main Author: | |
| Format: | Electronic Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
Routledge
2013
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| In: |
Religion, state & society
Year: 2013, Volume: 41, Issue: 2, Pages: 164-187 |
| Online Access: |
Volltext (lizenzpflichtig) |
| Summary: | At first sight the relation between natural rights being derived from natural law on the one hand and human rights on the other seems to be an innocent topic, but if one delves into its historical background the scene appears to be different. This applies even more so when the political background of both types of rights and their concomitant legitimisation is taken into consideration. This article aims at clarifying what political role they played in the struggle between church and state during the aftermath of the French Revolution that greatly influenced the European continent. In short, natural rights represent the endeavour by the Catholic Church to hold on to the unity between throne and altar in the Ancien Régime, whereas human rights refer to constitutional democracy, based on people's sovereignty, by which in principle church and state are separated from each other. The end of the struggle was that the Catholic Church abode by the victory of democracy and replaced natural rights with human rights. However, whereas natural rights disappeared from the ecclesiastical agenda, natural law is still on it. It is used for the legitimisation of prohibitions in the area of sexual relations. According to progressive groups in the Catholic Church this means that the cultural war on natural rights is over, but the battle on natural law continues. |
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| ISSN: | 1465-3974 |
| Contains: | Enthalten in: Religion, state & society
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| Persistent identifiers: | DOI: 10.1080/09637494.2013.796215 |