Christianity, Human Rights, and Dignity: Squaring the Triangle

Brett G. Scharffs
Brett G. Scharffs

Brett G. Scharffs is Rex E. Lee Chair, Professor of Law, and Director of the International Center for Law and Religion Studies, J. Reuben Clark Law School, Brigham Young University

Andrea Pin is Associate Professor of Comparative Public Law, University of Padua, and Senior Fellow at the Center for the Study of Law & Religion Emory University

Andrea Pin

Dmytro Vovk is Director of the Centre for the Rule of Law and Religion Studies, Yaroslav Mudryi National Law University (Ukraine) and co-editor of Talk About: Law and Religion

This blogpost is modified from Scharffs, Pin, and Vovk’s Introduction to “Human Dignity and Human Rights—Christian Perspectives and Practices: A Focus on Constitutional and International Law,” in a special issue of the BYU Law Review.

Dmytro Vovk

Introduction

The relationship between Christianity and human rights is a matter of deep controversy, drawing the attention of theologians, historians, lawyers, and philosophers alike. The historical connections between various denominations of Christianity and human rights and the dialectics between Christianity and human rights are matters of endless academic debates. How much contemporary narratives of rights are owed to Christianity, what Christianity has borrowed from nonreligious modern and post-modern thinkers, the extent to which the contemporary language of rights clash with Christian values, and the theoretical foundations of such clashes keep scholars busy.

The topic, however, is all but confined to theoreticians. How Christianity understands or ought to understand rights is often discussed within legal and political circles. The public role of Christianity and Christians in contemporary societies surfaces whenever a policy that touches upon Christian values is discussed. Parliaments and courts, especially in countries born out of Christianity, are often busy trying to reconcile religious freedom claims put forward by Christians with rights that contradict Christian morality.

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Law, Religion, and Freedom: Conceptualizing a Common Right: A New Book Considers Issues Critical to Our Times

Donlu Thayer is a Senior Fellow at the International Center for Law and Religion Studies. Before her retirement at the end of 2019, she was the Center’s Publications Director. This blogpost is modified from Thayer’s Introduction to Law, Religion, and Freedom: Conceptualizing a Common Right, which she edited with Cole Durham and Javier Martínez-Torrón, recently released by Routledge as part of its ICLARS Series on Law and Religion.

In September 2016, some 150 international experts in law and religion from 37 countries met at St. Hugh’s College in Oxford for the fourth conference of the International Consortium for Law and Religion Studies (ICLARS). The event was co-sponsored by the International Center for Law and Religion Studies (ICLRS) of BYU Law School, by the Religion, Law and International Relations Programme of the Centre for Christianity and Culture of Regent’s Park College, Oxford, and by the University of Milan.

The conference was organized with attention to the theme ‘Freedom of/for/from/within Religion: Differing Dimensions of a Common Right?’  Two books were developed from papers delivered at the conference and from subsequent conversations related to the theme: Religious Freedom and the Law: Emerging Contexts for Freedom for and from Religion, edited by Brett Scharffs, Asher Maoz, and Ashley Woolley, and the book introduced here, which provides conceptual frameworks for and queries aspects of the theme.

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Obergefell v. Hodges: Five Years Later

Supreme Court of the United States ends marriage discrimination – Obergefell vs Hodges. Photo Creator: Ted Eytan

On June 26, 2015 the Supreme Court of the United States issued its momentous opinion in Obergefell v. Hodges.  Only a few SCOTUS decisions have provoked such strong debate over the majority’s arguments and its understanding of human dignity or the nature of judicial power.  In this blog conversation, American and European legal scholars and lawyers reflect on the postmodern understanding of marriage that inspired the decision and on the consequences of Obergefell for promotion of LGBTI-people’s rights, on religious exemptions, on democracy in the United States, on children’s rights, on the European Court of Human Right’s jurisprudence, and on the search for the compromise between religious freedom and anti-discrimination claims. This variety of reflections, both positive and critical, illustrates how the decision has become an important episode in American and global legal and human rights history. (more…)

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