A Natural Law Reading of Xxxxx Sample Clauses

A Natural Law Reading of Xxxxx. I hypothesize that a natural law reading of Xxxxx can bolster the universal claim of human rights without necessarily falling to subjectivism. In speaking of the source of human rights’ universality, Xxxxx says the following: Its authority rests on the principles and conceptions of practical reason, but always on these as suitably adjusted to apply to different subjects as they arise in sequence; and always assuming as well that these principles are endorsed on due reflection by the reasonable agents to whom the corresponding principles apply.21 This in itself is starkly reminiscent of human rights as requirements of practical reasonableness. That these principles be applied to different subjects “as they arise in sequence” is a concession that certain rights are not trans-historical.22 But considering that certain human needs, or conditions for flourishing, are indeed universal, certain conclusions of practical reason must command more than foundationally contingent consideration. Natural law as a single foundation does not impose static prescriptions; the good of practical reasonableness negotiates the 21 Ibid, 533. 22 Recall that a right to property is meaningless in a society with no conception of private ownership. dynamic and historically contingent obstacles that arise in one’s pursuit of basic goods. We have already discussed that natural law does not exclusively bestow rights to individuals considering that human rights as outlines of the common good must promote the basic, irreducible good of sociability.23 Thus the objection of associationist societies to which Xxxxx conceded rights as possessions of citizens need not rattle the foundation of natural law. Even more, an objection to any conception of individual rights is unreasonable considering that groups are predicated on the participation of individuals. It is the sum of individuals’ acknowledgment of group authority that makes membership significant in the first place. Neither Xxxxx’ constructivist approach to human rights nor that of natural law abstracts man from the community: “In talk of human rights, it is assumed that human beings live in societies.”24 A natural law reading of Xxxxx is consistent with his permission of non- liberal well-ordered societies, but only values culturally contingent justifications for human rights norms as a temporary point from which to arrive at a universal foundation. Without appeal to a non-contingent base, the security of human rights remains subject to ...
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