Human Rights Practice and Natural Law

Abstract

The University of Notre Dame Kellogg Institute’s 2021 conference on “Inalienable Rights and the Traditions of Constitutionalism” was, for me, a breath of oxygen because it brought together many who understand that human rights are more than simply reflections of particular political preferences of some societies at particular times, and that to understand human rights that way reduces them to the level of arbitrary positive law. Human rights are based in human nature, and in nature itself, not simply in international legislation. Today, the idea of human rights serves many masters: utilitarianism, consequentialism, communitarianism, socialism, postmodernism, intersectionality—not to mention numerous regimes that defend human rights violations with human rights rhetoric. But the conferees seemed to generally agree that human rights are principles, rooted in human nature, that can protect our moral and political freedom.