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220 Chapter 13
[t]his is not atheism, or even what has more recently been called
‘methodological atheism’. It is rather the simple recognition that a
common morality is necessary for people to flourish together in
community, and this cannot rest any longer on the foundation of
Christian theology because of the bitter religious fragmentation in
Europe ... But natural law continued, according to Grotius, to rest on
the existence of an objective cosmic moral order. 6
Theology cannot simply be ignored in our inward search, and in
tracing the history of secular ideas. At the same time, and to avoid
any misunderstanding, I must explain clearly for what purposes I refer
to theological concepts, in the context of a secular Constitution. I do
not, in a secular argument, use them because of any higher authority
I claim for them (expressly or impliedly) by reasons of their
theological origin. I refer to them as sociological and historical
phenomena in the course of the human race’s intellectual and ethical
development. I cite them as ethical values that have featured in
human self-reflection for many ages and are open to rational enquiry.
In this regard I think the following passage from the last pages of
John Locke’s The reasonableness of Christianity, as quoted by Roger
Ruston is particularly apt:
He that travels the roads now, applauds his own strength and legs that
have carried him so far in such a scantling of time, and ascribes all to his
own vigour, little considering how much he owes to their pains, who
cleared the woods, drained the bogs, built the bridges, and made the
ways passable; without which he might have toiled much with little
progress. A great many things which we have been bred up in the belief
of, from our cradles ... we take for unquestionable truths obvious truths,
and easily demonstrable; without considering how long we might have
been in doubt or ignorance of them, had revelation been silent. And
many are beholden to revelation, who do not acknowledge it. It is no
diminishing to revelation, that reason gives its suffrage too to the
truths revelation has discovered. But it is our mistake to think that
because reason confirms them to us, we had the first certain knowledge
of them from thence; and in that clear evidence we now possess them. 7
The Islamic scholar An-Na’im, who is concerned with the fact that
large-scale human rights violations continue to occur throughout the
world, considers it imperative to ‘investigate ways of resolving the
present crisis and revitalise the international human rights
movement,’ and is of the view that ‘culturally rooted norms stand the
best chance of compliance.’ 8 He considers that the implementation
of the international human right standards will improve ‘if they can
6 n 5 above, 51.
7 Human rights and the image of God (2004) 287 (my emphasis).
8
‘Religious minorities under Islamic law and the limits of cultural relativism’
(1987) 9 Human Rights Quarterly 1 2-3.