Toward a Theory of Human Rights: Religion, Law, Courts

Neither the morality of human rights nor its relation to the law of human rights is well understood. In this book, Perry addresses three large issues: • There is undeniably a religious ground for the morality of human rights. But is there a nonreligious (secular) ground for the morality of human rights? • What is the relation between the morality of human rights and the law of human rights? Perry here addresses the controversial issues of capital punishment, abortion, and same-sex unions. • What is the proper role of courts, in a liberal democracy, in protecting - and therefore in interpreting - constitutionally entrenched human rights? In considering this question, special attention is paid to the Supreme Court and how it should rule on hot button issues such as capital punishment and abortion. Toward a Theory of Human Rights makes a significant contribution both to human rights studies and to constitutional theory.

• Examines the relationship between the morality and law of human rights • Looks at the US Supreme Court in particular but also on the constitutional courts in general • Covers a wide range of subjects from human rights and religion to legal and political philosophy

Part I. The Morality of Human Rights: 1. The morality of human rights; 2. The morality of human rights: a religious ground; 3. The morality of human rights: a non religious ground?; Part II. From Morality to Law: 4. From morality to law; 5. Capital punishment; 6. Abortion; 7. Same-sex unions; Part III. From Law to Courts: 8. Protecting human rights in a democracy: what role for the courts?; 9. How should the Supreme Court rule?: Capital punishment, abortion, and same-sex unions.