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2021

BYU Law Review

Human Rights Law

Articles 1 - 12 of 12

Full-Text Articles in Law

Christian Dignity And The Overlapping Consensus, Frederick Mark Gedicks Jun 2021

Christian Dignity And The Overlapping Consensus, Frederick Mark Gedicks

BYU Law Review

This Article rejects arguments by Christian leaders, scholars, and others who lament the secularization of the West and urge Christian dignity as the foundation of universal human rights. It argues instead that only a secular conception of dignity free of Christian metaphysics can create an overlapping consensus in support of human rights.

Part I describes the roots of Christian dignity in medieval theology and status. Part II briefly recounts how the Renaissance and Enlightenment re-centered the end of dignity from knowing God to knowing oneself, while the Reformation's extension of original sin to the intellect left Catholicism as the primary …


The Rise And Fall Of Human Dignity, Nicholas Aroney Jun 2021

The Rise And Fall Of Human Dignity, Nicholas Aroney

BYU Law Review

No abstract provided.


Christian Accounts Of Religious Liberty: Two Views Of Conscience, Joel Harrison Jun 2021

Christian Accounts Of Religious Liberty: Two Views Of Conscience, Joel Harrison

BYU Law Review

No abstract provided.


Christianity, Human Rights, And Dignity: Squaring The Triangle, Brett Scharffs, Andrea Pin, Dmytro Vovk Jun 2021

Christianity, Human Rights, And Dignity: Squaring The Triangle, Brett Scharffs, Andrea Pin, Dmytro Vovk

BYU Law Review

No abstract provided.


Friends Of The Court: Christian Conservative Arguments On Human Dignity Before The U.S. Supreme Court And The European Court Of Human Rights, Pasquale Annicchino Jun 2021

Friends Of The Court: Christian Conservative Arguments On Human Dignity Before The U.S. Supreme Court And The European Court Of Human Rights, Pasquale Annicchino

BYU Law Review

No abstract provided.


Catholicism, Liberalism, And Populism, Andrea Pin, Luca P. Vanoni Jun 2021

Catholicism, Liberalism, And Populism, Andrea Pin, Luca P. Vanoni

BYU Law Review

No abstract provided.


Christian Faith-Based Organizations As Third Party Interveners At The European Court Of Human Rights, Eugenia Relaño Pastor Jun 2021

Christian Faith-Based Organizations As Third Party Interveners At The European Court Of Human Rights, Eugenia Relaño Pastor

BYU Law Review

No abstract provided.


Human Dignity Has No Borders: Respecting The Rights Of “People On The Move” And The Rights And Religious Freedom Of Those Who Aid Them, Christine M. Venter Jun 2021

Human Dignity Has No Borders: Respecting The Rights Of “People On The Move” And The Rights And Religious Freedom Of Those Who Aid Them, Christine M. Venter

BYU Law Review

No abstract provided.


Dignity And Discrimination, Frederick Mark Gedicks Apr 2021

Dignity And Discrimination, Frederick Mark Gedicks

BYU Law Review

Delivered as the Dignity in Law Symposium keynote address, this essay surveys uses of dignity in U.S. constitutional law, with a focus on conflicts between the dignities attached to citizenship and religious conscience. Parts I and II discuss dignity as state sovereignty and hierarchical status. Part III examines the collision of dignities in the Masterpiece Cakeshop decision. Part IV argues that attention to the public or private nature of the site where religious accommodation is demanded clarifies when accommodation is appropriate, using a house of worship and a government office as illustration s. Part V lists other sites of accommodation …


What Does The State Owe To Its People? Toward A “Responsibility To Develop”, Amit Khardori Apr 2021

What Does The State Owe To Its People? Toward A “Responsibility To Develop”, Amit Khardori

BYU Law Review

No abstract provided.


Indigenous Dignity And The Right To Be Forgotten, Trevor Reed Apr 2021

Indigenous Dignity And The Right To Be Forgotten, Trevor Reed

BYU Law Review

No abstract provided.


Pregnancy During Incarceration: A “Serious” Medical Need, Rahgan Jensen Mar 2021

Pregnancy During Incarceration: A “Serious” Medical Need, Rahgan Jensen

BYU Law Review

No abstract provided.