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If Dorothy Had Not Had Toto to Pull Back the Wizard’s Curtain: The Fabrication of Human Rights as a World ReligionRichard StithValparaiso University School of Law May 18, 2010 Valparaiso University Law Review, Vol. 44, 2010 Abstract: This paper examines the increasing penetration and control of nations by amorphous ideas of human rights, touching upon the symbiotic relation between global capital and human rights, the anti-democratic nature of many rights, the radically political nature of positive rights, the frequent absence of national self-esteem and the consequent yearning for supranational approval, the belief that judges and their surrogates are priests speaking for God, the search for validating judicial will as replacement for a dead God, loss of judicial confidence in reason, and banal judicial vanity. These lead to the creation of the last and greatest Leviathan, a mortal god that can never be dethroned.
Number of Pages in PDF File: 16 Keywords: Human rights, international human rights, United Nations, civil religion, rights antinomies, global governance, cultural imperialism, cultural hegemony, rights as religion, world religion JEL Classification: B30, B31, D63, D64, H41, J17, J18, K1, K14, K19, K39 Accepted Paper SeriesDate posted: May 18, 2010 ; Last revised: May 20, 2010Suggested CitationContact Information
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