This paper proposes that the fundamental challenge for religious legal theory is the question of the secular and, in particular, a certain mode of secular reason that has shaped the idea of law within modernity. The fundamental ambition of modern legal thought was to sever law from a connection to a sacred cosmic and intellectual order. The idea of human rights, at least in its regnant expression, embodies this project most fully in that it has increasingly been defined as a moral tradition that stands over and against religion. This paper, by contrast, argues that the destabilization of secular meaning creates the space, and indeed the necessity, for a pluralist theological turn within the idea of human rights.Download the paper from SSRN at the link.
February 10, 2011
Secularism, Religious Thought, and Human Rights
Zachary R. Calo, Valparaiso University School of Law, has published Religion, Human Rights and Post-Secular Legal Theory. Here is the abstract.