The Foundation of Human Rights

Before returning to Rob’s response to Jack Balkin, I want to return to an earlier part of this thread.  (Rick has linked to the relevant posts).  I agree with Brian Tamanaha that it is the existence of God not one’s belief in God that supports the theists claim that his foundation for human rights is stronger than the atheist’s foundation.  If God is a mere figment of the imagination – a delusion – then the theist’s foundation for human rights collapses for two reasons. First, the reasons the theist gave for human rights would be false.  Second, if there is no God – if there is no design or purpose to the world or human life – then the theist and the non-theist are on similar footing facing the fact that all human rights regimes are merely human creations, none very sturdy because as a mere human creation it has no power to bind anyone else.

But, if God exists (or at least a particular type of God exists), then the theist has a sturdier foundation for human rights because God, as the Author of life, supplies external criteria from which we can perceive the inherent dignity of the human creature and begin to build a human rights regime fitting that creature.  Both special revelation (the Bible) and general revelation (through the natural law) – both faith and reason – can form, independently and together, the building blocks for human rights.  Since the inherent dignity of the human person is knowable by reason apart from special revelation even those who do no believe in God but who are open to the mystery of life and are not avowed materialists can subscribe to this foundation for human rights.

Brian T. raises an important objection:  The existence of God cannot (or at least has not) be proven.  Here is my tentative response to this objection.  I would agree that the materialist, because he has faith in a purposeless “creation,” will not find the theistic foundation of human rights convincing.  But, only a small percentage of the population faithfully adhere to this creed.  The hypothesis that God exists is a reasonable one.  In fact the hypothesis that the Jewish and Christian God exists is a reasonable one.  And, the vast majority of the people of the United States believe that this hypothesis is true.

Despite the fact that God’s existence has not been scientifically proven (it can’t because this is beyond the realm of science) or philosophically proven beyond a shadow of a doubt, the theistic foundation can and does provide a sturdier foundation for human rights although the materialist will not see it this way.

I look forward to receiving your comments on this.