Document Type
Article
Publication Date
2011
Abstract
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.
Recommended Citation
Zachary R. Calo, Religion, Human Rights, and Post-Secular Legal Theory, 85 ST. JOHN's L. REV. 495 (Spring 2011).
Source Publication
St. John’s Law Review