16 Pages Posted: 18 May 2010 Last revised: 13 Mar 2016
Date Written: May 18, 2010
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.
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
Suggested Citation: Suggested Citation
Stith, Richard, If Dorothy Had Not Had Toto to Pull Back the Wizard’s Curtain: The Fabrication of Human Rights as a World Religion (May 18, 2010). Valparaiso University Law Review, Vol. 44, 2010. Available at SSRN: https://ssrn.com/abstract=1611272