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, Michael Perry addresses three large issues. There is undeniably a religious ground - indeed, more than one religious ground - for the morality of human rights. But is there a 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 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.

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 nonreligious 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.

Michael J. Perry currently holds a Robert W. Woodruff Chair at Emory University, where he teaches in the law school. Perry is the author of over sixty articles and essays. He is also the author of nine books, including Love and Power: The Role of Religion and Morality in American Politics (1991), The Idea of Human Rights (1998), We the People: The Fourteenth Amendment and the Supreme Court (1999), and Under God? Religious Faith and Liberal Democracy (2003).