Vol. XXXVIII / 1 - Studia Moralia

THE USE OF HUMAN RIGHTS DISCOURSE 123
alongside the teaching drawn from Revelation. 27 What is
perhaps needed at this stage, in the context of the broader
magisterium, is a critical articulation of the link between
fundamental ethical theory and human rights discourse as used
in the discussion of specific moral issues. 28
Such a project is not easy, of course, and will inevitably form
only one part of a theological treatment of human rights. To take
account of the mystery of God in the context of a discussion of
human rights gives rise to new and profound difficulties. We
must face for instance the difficult question “Does God respect
human rights?” An adequate response to a question such as this
would carry us into the turgid waters of theodicy, but the
question itself can help us to appreciate the complexity of the
problem at a theological level. It can help us to understand, for
instance, that human rights discourse is tied to a relational
paradigm that is quite inadequate in describing our relations
with God. 29 The relationship of creature to Creator and sinner to
Saviour is quite different from that of one who claims a right to
one who respects it. The Good News is that we are saved not by
right but by grace: so, in theological terms, any discourse which
aspires to save humanity without the grace of God can only be
considered a new variation on Pelagianism.
Perhaps the fundamental contribution of the theological
perspective to this whole question is that it can help us to
understand that the relational paradigm implied by rights
discourse does not suffice even for our human relations.
Theological ethics can and should recognise the validity of
human rights discourse, but it cannot accept that human
relations be reduced to this level. There is at times a certain
27
In this regard one might profitably compare and contrast the role of
human rights discourse in the ethical argumentation of texts such as De
Abortu and Centesimus Annus with the role of natural law discourse in
Veritatis Splendour and Fides et Ratio.
28
For a sharp warning about taking a facile approach to human rights
see J.L. Lockwood, “Historical Prolegomena to a Theological Review of
«Human Rights»” Studies in Christian Ethics 9, 2 (1996) 52-65.
29
In his typically sweeping style J. MILBANK maintains that Christian
ethics are so different from anything like morality that no link is possible.
See his The Word Made Strange (Oxford: Blackwell, 1997) 7-35, 219-232.