Natural Law in the UN’s Universal Declaration of Human Rights
[Note, this post originally appeared on this blog on April 26, 2013.]
One of the common truisms I regularly come across in banter emanating from across the political and religious spectrum is that natural law is a theoretical concept devoid of any practical substance or significance. Natural law, its critics claim, produces no certain knowledge. It is more often merely the rhetorical projection of whatever a person firmly believes but finds herself unable to prove. Appeals to natural law never solve moral conflict. On the basis of natural law people on the right and the left come to radically contradictory conclusions about matters as fundamental as marriage, human life, and property. Better to find a clearer, more widely accepted basis for morality.
What is that alternative basis? Ask many conservative Christians and they will tell you it is the Bible. To be sure, the authority of the Bible is not as widely accepted as it once was, but it is still more widely accepted than any other “objective” standard. What’s more, these conservative Christians will tell you, it has the advantage of clarity. It may not answer every moral question that we have but it certainly settles the most important ones.
Really? Dig a little deeper into the blogosphere or media of any particular religious tradition and you will find that even among those who embrace the authority of Scripture there is a lot less agreement about the practical implications of what Scripture teaches than these broad appeals to the Bible would suggest. Look back into the history of Christianity and you will find even more disagreement. There is no uncontested conservative Christian consensus on moral issues as basic as slavery, war, women’s rights, poverty, or freedom of religion.
What’s more, when one takes into account different assumptions about the political implications of Scripture’s clear moral teaching the field gets even more complicated. Libertarians and theonomists, liberals and conservatives, democrats and authoritarians, nationalists and universalists all find a place under the broad Christian tent. Among these there is no consensus about the political implications of a myriad of moral subjects addressed with more or less clarity in Scripture.
And to remind you, this is just to highlight disagreements among theologically conservative Christians. The political usefulness of the Bible as a public authority is seriously limited even before we take into account the fact that most members of our society do not accept it as a decisive authority in their lives at all.
But does that leave us without any basis for a shared public morality? No it does not, despite the apparent widespread cynicism about natural law. Step back from the more controversial political disputes of our time and you will discover much more of a public moral consensus than you might at first expect. Read the writings of almost any prominent ethicist or political theorists and you will discover appeals to broadly shared principles such as the golden rule, basic human rights, or principles of reciprocity and fairness. They might not like the term natural law and they might adamantly reject particular versions of natural law theory, but they still find themselves assuming its reality and even its concrete principles. Even the pagans know, as Calvin often said, that there are basic human values to be protected with laws backed up by coercive institutions.
In fact, in our own time there is even greater basis for confidence in the value of natural law than there was in the time of Thomas Aquinas, John Calvin, or John Locke. We actually have a developing system of international law recognized throughout the world. We have the United Nations, which, problematic as it is, is still a political body in which all nations are represented. Perhaps most obviously, we have the United Nations Universal Declaration of Human Rights, a document that comes as close to being a statement of shared universal morality as the world has ever known. Natural Law is at work. Consider these articles:
- Article 1: All human beings are born free and equal in dignity and rights.They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
- Article 3: Everyone has the right to life, liberty and security of person.
- Article 6: Everyone has the right to recognition everywhere as a person before the law.
- Article 12: No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.
- Article 16:
- (1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.
- (2) Marriage shall be entered into only with the free and full consent of the intending spouses.
- (3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
- Article 18: Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.
- Article 25
- (1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
- (2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.
- Article 26
- Everyone has the right to education …
- (3) Parents have a prior right to choose the kind of education that shall be given to their children.
Of course there are still major disagreements. Many people despise the UN Declaration of Human Rights, while even those who embrace it disagree with it at various points. Others reject common assumptions about what enforcing the rights enumerated in the Declaration requires on a political level. Just as importantly, the Declaration sets out only the broadest of frameworks for justice. It is tragically short on duties. It leaves tremendous room for conflict, abuse, or rationalized injustice. In so many ways, like any morality, it is more a statement of unrealized ideals than of practical political reality.
Still, it remains a widely shared statement of universal morality, embraced by people of all sorts of religions and creeds. It remains precisely the sort of evidence for natural law to which theologians like Aquinas and Calvin pointed in their own times. I would argue that conservative Christians have avoided formulating their political convictions about abortion, marriage, child-rearing, education, and sexuality in terms consistent with the Declaration at their own peril.
There is a much stronger foundation for a public morality shared between Christians and nonbelievers, liberals and conservatives, than we are often willing to admit. Truth, thanks to common grace, still has tremendous power. If you are in doubt about what our society would really look like were this shared morality to evaporate you don’t know history very well. What we have is far from perfect, but it’s far from useless as well. Natural law is at work.