Human Dignity as a Normative Concept. “Dialogue” Between European Courts (ECtHR and CJEU)?

Author(s):  
Angela Di Stasi
Author(s):  
Ådne Valen-Sendstad

In this chapter I discuss three new ways, of understanding human dignity. First, Christopher McCrudden’s concern is with the fact that there is no common understanding of the concept. He argues that dignity is a placeholder. It is open to interpretations from a diversity of normative understandings, – religious and secular. Still, he argues for a core of overlapping content within the diversity of understandings. Second, Catherine Dupré understands human dignity as a heuristic concept, open for new interpretations. The concept is in itself inexhaustible. New meanings develop in confrontation with new issues. Observing that the concept has become one of the pillars in European law and democracies, and has been crucial in several junctions when dictatorships has fallen and democracies has been established after the Second World War, she finds that the concept comes to its right in particular in transitional and transformative situations. Finally, Costas Douzinas does not work with the concept human dignity but with the concept of the human, to whom human dignity is designated in the human rights. I reinterpret his theory to also cover the normative concept human dignity. It is brought into force by proclamations, and as such becomes a transformative and life changing concept in particular for people living in need of dignity.


1983 ◽  
Vol 77 (4) ◽  
pp. 848-854 ◽  
Author(s):  
Oscar Schachter

Author(s):  
Marcus Düwell

This chapter investigates how human dignity might be understood as a normative concept for the regulation of technologies. First, various distinctions that are relevant for the way human dignity can be understood are discussed. It is argued that it is particularly important that we should see human dignity as a concept that ascribes a specific status that forms the basis of the human rights regimes. Second, the author’s own approach, inspired by Kant and Gewirth, is presented, it being proposed that we should see the concrete content of human dignity as the protection of the authority of human beings to govern their own lives. Third, various consequences for the evaluation of technologies are discussed. In a context of major global and ecological challenges, together with the replacement of human action by automation, the role of human dignity becomes one of guiding the development of a technology-responsive human rights regime.


1991 ◽  
Vol 46 (1) ◽  
pp. 49-49 ◽  
Author(s):  
Brian L. Wilcox ◽  
Hedwin Nalmark

2020 ◽  
Vol 32 (5) ◽  
pp. 264-271
Author(s):  
Rachel E. López

The elderly prison population continues to rise along with higher rates of dementia behind bars. To maintain the detention of this elderly population, federal and state prisons are creating long-term care units, which in turn carry a heavy financial burden. Prisons are thus gearing up to become nursing homes, but without the proper trained staff and adequate financial support. The costs both to taxpayers and to human dignity are only now becoming clear. This article squarely addresses the second dimension of this carceral practice, that is the cost to human dignity. Namely, it sets out why indefinitely incarcerating someone with dementia or other neurocognitive disorders violates the Eighth Amendment of the United States Constitution’s prohibition on cruel and unusual punishment. This conclusion derives from the confluence of two lines of U.S. Supreme Court precedent. First, in Madison v. Alabama, the Court recently held that executing someone (in Madison’s case someone with dementia) who cannot rationally understand their sentence amounts to cruel and unusual punishment. Second, in line with Miller v. Alabama, which puts life without parole (LWOP) sentences in the same class as death sentences due to their irrevocability, this holding should be extended to LWOP sentences. Put another way, this article explains why being condemned to life is equivalent to death for someone whose neurodegenerative disease is so severe that they cannot rationally understand their punishment.


2016 ◽  
Vol 8 (3) ◽  
pp. 75-92
Author(s):  
Christian Schröer

An act-theoretical view on the profile of responsibility discourse shows in what sense not only all kinds of technical, pragmatic and moral reason, but also all kinds of religious motivation cannot justify a human action sufficiently without acknowledgment to three basic principles of human autonomy as supreme limiting conditions that are human dignity, sense, and justifiability. According to Thomas Aquinas human beings ultimately owe their moral autonomy to a divine creator. So this autonomy can be considered as an expression of secondary-cause autonomy and as the voice of God in the enlightened conscience.


2015 ◽  
Vol 3 (2) ◽  
pp. 227-241
Author(s):  
Mirko Pecaric

This paper explores recent notions in public administration, which are intertwined and addressed to the administration of public affairs. On this basis it demonstrates that content of legal system is filled through the static legal principles and rules, but they receive their real content through the informal practices and conditions of the human mind. The paper concludes that discussed notions could have only one name, because they all are the synonyms of reciprocal relation between the human dignity and efficient administration.


Sign in / Sign up

Export Citation Format

Share Document