Tensions of Universal Claims and Contextual Sensitivities: The Case of Religious Freedom : An examination of Martha Nussbaum and Saba Mahmood’s ways of                             mediating the tensions of religious freedom

Abstract:

This thesis uses a philosophical discussion to explore the tensions that result in the meeting between universal claims and particular contexts regarding human rights and how these tensions can be mediated by exploring the right to religious freedom. In order to do this, two approaches will be studied, one liberal and one postcolonial, represented by Martha Nussbaum and Saba Mahmood respectively. In comparing the approaches of Nussbaum and Mahmood, their arguments and positions become clearer, but also the nuances of the debate between universalism and contextualism. The right to religious freedom, with its many tensions between theory and practice, has been useful in exploring what values are at stake when we talk about human rights in general and how we can think about the apparent tension between universalism and contextual sensitivity. The thesis thus shows that there are more similarities between these two approaches than it may first seem and that they are not incompatible. This is argued to provide insight into possible ways of mediating human rights between theory and practice.