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Litigating ReligionsAn Essay on Human Rights, Courts, and Beliefs$
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Christopher McCrudden

Print publication date: 2018

Print ISBN-13: 9780198759041

Published to Oxford Scholarship Online: March 2018

DOI: 10.1093/oso/9780198759041.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 03 March 2021

Fundamentals of Human Rights Theory

Fundamentals of Human Rights Theory

Chapter:
(p.125) 7 Fundamentals of Human Rights Theory
Source:
Litigating Religions
Author(s):

Christopher McCrudden

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198759041.003.0007

The previous three chapters described three central problems that recur when courts have to deal with religious litigation: the teleological problem, epistemological problem, and ontological problem. All three problems are both the occasion for disputes, and (taken together) exacerbate other disputes, bringing the courts themselves into the fray, preventing them from playing the role of standing above the conflict. So, what is to be done? This chapter proposes a reconstructed practice-dependent theory of human rights that addresses issues of religion. It discusses how human dignity provides a normative foundation for the system of human rights as a whole. The proposed theory accepts that human rights law and human rights practice beyond the legal sphere is pluralistic, and that building this pluralism into human rights theory accurately reflects the diverse nature of human rights, including judicial adjudication and religious narratives within that system.

Keywords:   religious litigation, religion, human rights, human dignity, pluralism

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