William Sweet

Philosophical Theory and the Universal Declaration of Human Rights examines the relations and interrelations among theoretical and practical analyses of human rights. Edited by William Sweet, this volume draws on the works of philosophers, political theorists and those involved in the implementation of human rights. The essays, although diverse in method and approach, collectively argue that the language of rights and corresponding legal and political instruments have an important place in contemporary social political philosophy.

It is generally acknowledged that the British Idealism of the late nineteenth and early twentieth centuries had a significant influence in the philosophy, politics, and culture of that country. In this study, I argue that it also had a considerable impact throughout much of the English-speaking world, and beyond -- in Canada, Australia, the United States, South Africa, India, and even East Asia. This idealism engaged 'local' philosophical traditions and culture, contributed to them, and sometimes led to 'new' philosophies or traditions, and so may be described as a 'migrating tradition.' While the character and extent of this influence varied according to where and how it migrated, British Idealism can, nevertheless and in amodestway, be said to have had an 'empire'. This study, then, addresses both a historical issue and the broader philosophical question of why British Idealism was successful in this diaspora, and it identifies a number of features of this Idealism which may explain this

Philosophy has not an easy time after the Second Vatican Council. As a response to this situation, the late Pope John Paul Ⅱ wrote the encyclical "Fides et ratio" and appealed to the Catholics the need for a sound philosophy. One of the philosophers he recommended in his encyclical is the French philosopher Jacques Maritain. Maritain was a prominent figure in philosophy at the beginning of the 20th century. He died in 1973. After a period of relative silence after his death, his works rekindled the interest of scholars' especially Catholic philosophers. The establishment of numerous associations, academic conferences, the publication of books, papers and review dedicated to the study of his works are the witnesses to this revival of interest. There are several reasons for this return. The depth and the range of Maritain's thought, his reflection on the human person, the state and the common good, his defense for the freedom and dignity of human being, his commitment to the Catholic faith, his claim on the balance of sense perception, rational cognition, wisdom, faith and mystical thinking in human knowledge are sources of inspiration for thinkers in a world of relativism, skepticism and distrust of reason. But the most important one is that he is able to reflect on the traditional thinking of Christianity and out of his own critical thinking addresses problems of today's world. Many Catholic thinkers are helped by Maritain to have a deeper insight of their own thought from his confidence in the truth and his bold realism

In 19th century Anglo-American political philosophy, one finds an important debate concerning the nature, source and limits of rights. Two of the dominant views here were the utilitarianism of Jeremy Bentham and J. S. Mill and the rights-based political thought of Herbert Spencer. While there are significant differences between them, both arguably reflect a perspective that is both liberal and individualist. ;A response to these views--one that is sometimes taken to be fundamentally incompatible, if not entirely incommensurable, with the Anglo-American liberal tradition--is found in British idealist political thought. The most developed statement of this is, arguably, that of the British philosopher and social reformer, Bernard Bosanquet . Bosanquet argues that, to provide an adequate account of the nature, source and limits of human rights, one must abandon many of the individualist assumptions of his contemporaries. ;The question I address, then, is whether Bosanquet's theory of rights is a plausible response to the 'liberal individualist' views of Bentham, Mill and Spencer. In other words, does Bosanquet address the problems that he finds in these liberal individualist accounts of rights and does he provide a plausible alternative to them? ;My focus here is primarily, but not exclusively, historical. Moreover, I argue that a complete account of Bosanquet's theory of rights requires an elaboration of the "metaphysical theory of the nature of social reality"--"the social ontology"--on which it is based. Thus, in order to answer the question motivating this study, not only do I discuss Bosanquet's theory of rights in relation to the problems in the views of his contemporaries, but also show how it is related to his more general metaphysical concerns. ;In Chapter 1, "The Foundation of Rights in 'Theories of the First Look'," I set the stage for my reconstruction and presentation of Bosanquet's theory of rights. In Chapter 2, "Bosanquet's Theory of Rights," I reconstruct Bosanquet's theory of rights and respond to a number of criticisms directed directly to it. In Chapters 3 and 4, I provide and discuss what seem to be the key elements in the 'ontological' or 'metaphysical' background to Bosanquet's position. In the concluding chapter, "Bosanquet's Theory of Rights: An Assessment" , I show how Bosanquet's view avoids or responds to the problems he has identified in the theories of rights of Bentham, Mill and Spencer

ln a number of recent essays, Hendrik Hart has elaborated an account of the nature and function of religious belief that, he believes, is post-modern in inspiration and anti-foundationalist in character. ln this paper, I reconstruct what I take to be Hart’s central claims. While Hart does remind us of some important aspects of the nature of religious belief---aspects often overlooked by many critics---l suggest that there are several problems in the account he provides, that there are tensions between his view of religious belief and his claims about how it can function, and that it is not clear that he ultimately avoids adopting a variant of the foundationalism he explicitly rejects.

How is multiculturalism possible in what we call the “postmodern age”? Postmodernity challenges our norms and conventions, our theories of human nature, our grand narratives, and—in general—any essentialist or foundationalist approach. And so it would seem to challenge any attempt to engage in dialogue across cultures or in any way that proposes to be independent of context.One response to this is to focus not on theories but on practices. In particular, I want to focus on the practice of hospitality, of which much has been written of late and which has been suggested as a model for dialogue

In this paper I focus on one of the fundamental democratic freedoms – freedom of conscience – and see to what extent Catholicism is compatible or consistent with it and, by extension, with democracy in civil or political institutions. I draw primarily on recent ecclesial statements on the issue, but also on the philosophical views of Jacques Maritain. First, I outline briefly the view of democracy and freedom of conscience that putatively undergirds modern democratic societies, as well as the understanding of this freedom in Catholic thought. Next, I present the claim that there are some important differences in the way in which this freedom is described in Catholicism as distinct from dominant, secular democratic views. Third, I suggest that these differences, while real, do not sustain the claim of a radical difference in principle between freedom of conscience in recent Catholic thought and that found in documents such as the Universal Declaration of Human Rights. I conclude that not only is the Catholic approach to freedom of conscience compatible with democracy in civil institutions, but democratic government may be an important way to develop values recognized by Catholicism as fundamental.

Ethical theory today is dominated by utilitarianism and by deontological theories . We also find, though to a much lesser extent, virtue ethics, feminist 'care' theories , social contract theories, and rights-based theories. But often missing from the discussion-and from most ethics textbooks-is natural law theory. Natural law theory has a long history, starting with the Stoics. It is influential outside of the Anglo-American world , and it has its powerful defenders today . But nevertheless it is virtually absent from most contemporary studies in ethics and, even when it is mentioned, it is often quickly rejected. Why is this theory so widely ignored or rejected? There are a number of reasons that have been given. Some raise the problem of the distinction between 'is' and 'ought'-that is, that contrary to a basic claim of natural law theory, one cannot infer a moral statement of what one' ought 'to do from a descriptive statement of the kind of being one' is. 'Some attack the theory because it is a' naturalistic 'theory, and it commits ' the naturalistic fallacy'-that moral properties are 'simple,' and cannot be defined in terms of something that is natural And there is today a widespread scepticism that questions whether there are such things as objective, universal moral standards-ie, standards which apply to all human beings, regardless of the culture from which they come or the time in which they live. In any case, even if there are such standards, we might still ask Where do they come from? Can we know what they are? And can we be certain that they are legitimate? Many, if not most of these questions were, however, addressed by Jacques Maritain. In this paper, I want to outline Maritain's distinctive account of natural law and its metaphysical and epistemological dimensions. This account not only provides a more sophisticated understanding of natural law, but gives us good reason to challenge the marginalization of it in contemporary moral philosophy. The object of this short essay has been to present Jacques Maritain's account of natural law. For Maritain, the 'natural law' is "an order or a disposition that the human reason can discover and according to which the human will must act in order to be in accord with the essential and necessary ends of the human being. "Such an account proposes not only a description of human behaviour, but a standard of moral action and a foundation for human rights . Maritain's adopts the view that this law is not only related to human nature, but is known naturally. He believes that, given his arguments concerning the metaphysical and epistemological dimensions, we have a historically sensitive version of a natural law theory that accords with human experience, that bridges the is / ought gap, and that explains how differences in moral knowledge do not count against a natural law view. If we take this approach-an approach that Maritain believes is rooted in St Thomas-Maritain believes that one can respond to at least some of the major criticisms of natural law theory. There is, of course, more to a natural law theory than an account of its metaphysical and epistemological dimensions. Clearly, more needs to be said concerning its relation to other kinds of law . We also need to specify what exactly we know of natural law. And it is also important to see how Maritain's account compares with other natural law theories , especially the 'rationalist' accounts that were popular in the eighteenth century. Nevertheless, it is clear from the discussion throughout this essay that Maritain's theory is not one that one should hastily reject-and that it should be included among the major moral theories of today

Today's ethical theory , both utilitarian and non-ontological theories dominated. However, we found that many of its subsequent development in the evolution of those who encourage virtue ethics, feminist care theory, social contract theory and the theory of rights-based build. But usually lacking in this discussion - the teaching of ethics by the majority of it seems - is the natural law theory. Natural law theory has its very long history, starting from the Stoic school, it had occupied in the outside world, a strong Anglo-American influence . But today it is still a strong defender of its existence , Joseph Bauer , and Yue Hanfen Jonas ). But in any case it does absent in most contemporary research into ethics, even when it was put in time, is often quickly oppose the theory. Why this theory is often ignored or opposed? We can give a lot of reasons. Some will mention the problem with it ought to. That is contrary to natural law where the basic claim that a person who can not be on the moral statements of a person's actual state is. Some of the attacks this theory is the theory because it is a natural, stable together on it called) natural fallacy, moral assets is a "simple "and do not be a natural thing to be defined . Some critics oppose the natural law theory because they believe that all laws are based is only the ordinary and customs, so it does not matter the existence of any universal moral law. Others argue that natural law theory assumption that there exists, but there is no reason to believe the world for such a presence. Again, some people think that today there is a widespread skepticism that regardless of this objective, universal the existence of moral standards - in other words, a standard applied to all human beings, regardless of their cultural origin or its existence in time and space. In any case, even if this standard exists, we may still ask where they come from? Can we know what they are? And we can determine their legitimacy? In this paper, Maritain's natural law philosophy as a theoretical basis for showing this philosophy of good reasons to lies. Natural law and moral philosophy to provide the philosophy of the relationship and differences between the lies. Thus natural law is natural, because it - especially its first principles, "can be as good, evil can be avoided." - The content is naturally knowable. The first principle is not innate, but it still is not wrong with the talent. We can through all of the knowledge and understanding, to explain the different knowledge of natural law, natural law is the knowledge of the process. The world as we know more, we also know more of their own; we found congenital beyond time. But the fact of moral knowledge needs to transcend time, it does not make a relationship of knowledge, and scientific knowledge that is required is some, as it is relevant. It concluded that the object of this essay have been presented in Maritain's study of natural law. Of Maritain, natural law is "a tendency to order, one can find it, and it will have to act in accordance to meet the person and the nature of the purpose of the inevitable." Considerations of such a proposal is not only a description of human behavior, also on the basis of moral action and human rights standards. Maritain accepted the idea that this law is not only associated with the human and natural to be known. He believed that his theory of knowledge and to give arguments for metaphysics, we can have a human experience consistent with natural law theory of historical perception, as is should be a bridge, and explain why the differences in the nature of moral knowledge not against natural law of reason. If we can take this route - Maritain from the plant into the road on St. Thomas Aquinas - Maritain believe we can at least respond to the majority of the criticism of natural law theory. Of course, natural law theory, there are more than epistemology and metaphysics considerations. Obviously, there are many other kinds of law related to the demand . We also need to indicate whether we know something of natural law. How can we compare Maritain's theory of natural law and other laws of nature? In particular, once popular in the eighteenth century rationalist ideas. Nevertheless, it is obvious that a complete discussion of this article, we should not totally against Maritain's theory - it should be included in today's major moral theories