11 March 2010

Do We Really Have Rights (Part 1)?

On Monday I spoke to the Regent Law School International Law Society about a biblical basis for human rights.  Several folks wondered how sinful human beings can be said to have rights; after all, on the traditional Christian account, all humanity fell under God’s judgment of death with the sin of Adam and Eve (a judgment that our individual sins only exacerbate).  Thus, some believe, we have no rights.  (I previously blogged on Nick Wolterstorff’s take on rights here, here, here, here, and here, with some previous thoughts of my own here).

The argument seems unsound--the conclusion (“no rights”) doesn’t follow from the premise (“we sinners under condemnation“)--but, in any event, to make a positive argument for human rights we can begin by observing that the Mosaic covenantal administration confirmed four offices for ancient Israel: judge, king, priest, and prophet (Deuteronomy 16:18-18:22).  I think it’s no accident that the judge was the primary office; justice is close to God’s heart. And justice suggests (although it doesn’t require) that rights existed, at least for those who were part of God’s covenant people.

We find more evidence for the existence of  rights in the judicial standard Israel’s judges were to apply (“righteous judgment”) and in the carefully calibrated procedures judges were to follow for even the most serious offense under the Mosaic regime--worshiping a false god (Deuteronomy 17:2-7).  Powerful procedural safeguards strongly suggest that Israelites had rights.

Next time: confirmation from the Prophets.

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