This book is inspired by a number of American works on the origins of their
Constitution. I am indebted to my American friends, Edward and Désirée von
Saher, who gave me a copy of Edward S Corwin (ed), The Constitution of the United
States of America Analysis and Interpretation. I was at Yale in 1968, on a Fellowship
from the Charles and Julia Henry Fund. This gift kept alive my interest in the origins
of rights at a time when such sources were hard to find in English libraries.1 Jacques
Maritain recounts an exchange at a discussion of rights at UNESCO. Someone
expressed astonishment that champions of opposed ideologies had agreed on the
Universal Declaration of Human Rights: ‘â•›“Yes”, they said, “we agree about the
rights but on condition that no one asks us why”â•›’. Maritain was introducing a series
of papers from believers in different ideologies in which each gave their answer to
the question ‘why?’2 Blackstone had given his answer in England in the eighteenth
century. It was based on both reason and faith in the divine revelation in which, at
that time, almost all members of the Christian societies in Europe had believed for
centuries. His answer merits consideration today, as much by those who share his
Christian beliefs as by those who do not. For the framers of the UN Charter, and
of the UDHR, what is required of all people, religious or secular, is (see page 203)
‘faith in fundamental human rights, in the dignity and worth of the human person
and in the equal rights of men and women’. I hope that this work will make a small
contribution to that end.