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Introduction

Published online by Cambridge University Press:  14 February 2020

Leonard Francis Taylor
Affiliation:
National University of Ireland, Galway
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Summary

International law has a standard account of the nature of both international law and human rights. Hugh Thirlway states that ‘all subsystems or specialized fields of international law will operate on the basis that they derive their force from the established sources of Article 38 of the ICJ Statute’. Therefore, religion does not provide international law with an established source, and ‘in principle, the individual legal, political, or religious system of a State does not impinge on its acceptance of, and compliance with, general international law’. Further, Thirlway remarks, since ‘the waning of the influence of the teachings of the Catholic Church on moral and legal concepts, it has become possible for at least half a century to say that international law is now free from any religious input—that it is “laicized”’. The formal sources of international law, which are by in large viewed as a pragmatic agreements founded in a secular positivistic legal science developed since the nineteenth century, has had to engage again with religion in a manner that was unanticipated.

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Publisher: Cambridge University Press
Print publication year: 2020

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  • Introduction
  • Leonard Francis Taylor, National University of Ireland, Galway
  • Book: Catholic Cosmopolitanism and Human Rights
  • Online publication: 14 February 2020
  • Chapter DOI: https://doi.org/10.1017/9781108626446.002
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  • Introduction
  • Leonard Francis Taylor, National University of Ireland, Galway
  • Book: Catholic Cosmopolitanism and Human Rights
  • Online publication: 14 February 2020
  • Chapter DOI: https://doi.org/10.1017/9781108626446.002
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Introduction
  • Leonard Francis Taylor, National University of Ireland, Galway
  • Book: Catholic Cosmopolitanism and Human Rights
  • Online publication: 14 February 2020
  • Chapter DOI: https://doi.org/10.1017/9781108626446.002
Available formats
×