ABSTRACT

The 'Westphalian' era in European politics began at a time when new nation states wanted to curb the power of religious bodies precisely so as to create a system of law and equity open to all citizens. Some religious representatives dismiss the entire idea of 'rights' as an improper language for radically dependent and interdependent creatures the right of self-determination. The paradox of human rights is that it is in one sense profoundly secular while also being profoundly respectful of convictions derived from non-political, even non-'worldly' sources. Religious conviction is the oldest and arguably strongest such phenomenon; accepting its role in the state and its security from the state's defining control is the beginning of an authentic political pluralism. A better understanding of how the law as a matter of fact deals with religious diversity and conscientious reservation will help; so will admission that moral universalism has a history, and one in which religious categories have played a decisive role.