Ethical constraints on relations among individuals within and between societies have always reflected or invoked a higher authority than the caprices of human will. For over two thousand years natural law and natural rights were the constellations of ideas and presuppositions that fulfilled this
role in the West, and exhibited far greater similarities than most commentators want to admit. Such ideas were the lens through which Europeans evaluated the rest of the world.
In his major new book David Boucher rejects the view that natural rights constituted a secularization of
natural law ideas by showing that most of the significant thinkers in the field, in their various ways, believed that reason leads you to the discovery of your obligations, while God provides the ground for discharging them. Furthermore, the book maintains that natural rights and human rights are
far less closely related than is often asserted because natural rights can never be cast adrift from their religious foundations, whereas human rights, for the most part, have jettisoned the Christian metaphysics upon which both natural law and natural rights depended. Human rights theories, on the
whole, present us with foundationless universal constraints on the actions of individuals, both domestically and internationally. Finally, one of the principal contentions of the book is that these purportedly universal rights and duties almost invariably turn out to be conditional, and upon close
scrutiny end up being 'special' rights and privileges as the examples of multicultural encounters, slavery, racism, and women's rights demonstrate.
Introduction
1. Classical Natural Law and the Law of Nations: The Greeks and The Romans
2. Christian Natural Law
3. Natural Law, The Law of Nations and the Transition to Natural Rights
4. Natural Rights and Social Exclusion: Cultural Encounters
5. Natural Rights: Descriptive
and Prescriptive
6. Natural Rights and Their Critics
7. Slavery and Racism in Natural Law and Natural Rights
8. Nonsense Upon Stilts? Tocqueville, Idealism and the Expansion of the Moral Community
9. The Human Rights Culture and its Discontents
10. Modern Constitutive Theories of
Human Rights
11. Human Rights and the Juridical Revolutions
12. Women and Human Rights
Conclusion
References
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David Boucher is Professor of Political Philosophy and International Relations at Cardiff University, adjunct professor of international relations at the University of the Sunshine Coast, and Director of the Collingwood and British Idealism Centre, Cardiff. He has written widely on British
Idealism, history of political thought, international relations theory, and popular culture. Among his books are The Social and Political Thought of R. G. Collingwood (CUP, 1989), The Political Theory of International Relations (OUP, 1998); British Idealism and Political Theory (EUP, 2001); and,
Dylan and Cohen: Poets of Rock and Roll (Continuum, 2004). Among his edited books are, The Social Contract and Its Critics (Routledge, 1996); The British Idealists (CUP, 1997), The Scottish Idealists (Imprint Academic, 2005); R. G. Collingwood, The Philosophy of Enchantment (OUP, 2005, with Wendy
James and Phillip Smallwood).
