scholarly journals THE ROLE OF THE SITUATION IN THE STRUCTURE OF DRIVING TO SUICIDE MECHANISM

2016 ◽  
Vol 15 ◽  
pp. 114-121
Author(s):  
L. I. Kerik
Keyword(s):  
Human Dignity ◽  
Personal Dignity ◽  
Suicide Mechanism

The article deals with the role of the situation in the structure of driving to suicide mechanism. The situation of driving to suicide is differentiated into stages of its development, the article also determines temporal connections of this crime and distinguishes types of driving to suicide places with the focus on the role of these elements in criminalistic characteristics of crimes as well as and their interconnections. A place of driving to suicide is a place, where preparations prior to the crime have been carried out, the crime had been committed (threats, cruel treatment, systematic humiliation of human dignity, blackmail); a place with traces and evidence of a criminal trespass (place of suicide); place of concealment of traces and evidence of the crime, instruments andfacilities of its commission, the object of a criminal trespass (staging of suicide, murder). The time of driving to suicide allows establishing the sequence and development of different processes. The situation of driving to suicide consists of non-interference and omission by individuals (relatives, colleagues, friends and others) in whose presence a criminal mistreats or humiliates the personal dignity of the victim.

Human Dignity in Adjudication: The Limits of Placeholding and Essential Contestability Accounts

2014 ◽  
Vol 27 (2) ◽  
pp. 329-356 ◽  
Author(s):  
Pritam Baruah
Keyword(s):  
Human Dignity ◽  
Moral Values ◽  
Judicial Decisions ◽  
Philosophical Basis ◽  
Essentially Contested Concepts ◽  
Peculiar Nature

Employing moral values as justifications in judicial decisions has been controversial. At present, there is increasing controversy over the application of human dignity. Contemporary debates on the role of dignity in law and adjudication are heavily influenced by Christopher McCrudden’s account of dignity as a placeholder, and much thinking on the contested nature of values is influenced by WB Gallie’s idea of Essentially Contested Concepts. In this paper I argue that both these accounts have limited explanatory and normative potential. McCrudden’s account is illuminating in terms of the role of dignity in the UDHR, but weak in terms of explaining why employing dignity in adjudication yields diverging conclusions, and why dignity should be understood to be a placeholder. His reliance on Gallie’s idea of Essentially Contested Concepts is also misplaced. Gallie’s views often serve as a philosophical basis for understanding the contested nature of values generally. I argue that his account is an external-descriptive one, which cannot explain why persistent disagreement ensues because of the peculiar nature of some concepts. Neither does it point out any property of essential contestability that is unique to some concepts. Thinking on how values such as dignity can figure as justifications for decisions, therefore, must explore other alternatives.

Capital Punishment

2018 ◽  
pp. 153-186
Author(s):  
Sandra Fredman
Keyword(s):  
Death Penalty ◽  
Capital Punishment ◽  
Human Dignity ◽  
Original Intent ◽  
Living Tree ◽  
Legislative Power ◽  
Fair Procedure ◽  
The Cross

This chapter applies the cross-cutting themes in Chapters 1–5 to the highly contested issue of the death penalty. It begins by considering the differences in constitutional texts, and particularly the ambiguity as to whether the death penalty is permitted. This requires judges to apply their interpretive theories. Original intent, natural meaning, and living tree approaches have all been relied on to achieve a mosaic of different and vehemently contested approaches. The chapter then considers how courts in different jurisdictions have addressed three main issues: whether a fair procedure can be found which justifies the death penalty; whether there are good penological justifications; and the role of substantive values, such as human dignity. The chapter highlights the ways in which courts approach the demarcation between judicial and legislative power; their use of comparative materials; and the increasing interconnectedness of the approach of different jurisdictions to the death penalty.

scholarly journals Autonomy and the Ownership of Our Own Destiny: Tracking the External World and Human Behavior, and the Paradox of Autonomy

Philosophies ◽  
2020 ◽  
Vol 5 (3) ◽  
pp. 12
Author(s):  
Lorenzo Magnani
Keyword(s):  
Human Behavior ◽  
Cognitive Processes ◽  
Human Dignity ◽  
Common Knowledge ◽  
External World ◽  
The Other ◽  
Moral Autonomy ◽  
The Political ◽  
Human Autonomy

Research on autonomy exhibits a constellation of variegated perspectives, from the problem of the crude deprivation of it to the study of the distinction between personal and moral autonomy, and from the problem of the role of a “self as narrator”, who classifies its own actions as autonomous or not, to the importance of the political side and, finally, to the need of defending and enhancing human autonomy. My precise concern in this article will be the examination of the role of the human cognitive processes that give rise to the most important ways of tracking the external world and human behavior in their relationship to some central aspects of human autonomy, also to the aim of clarifying the link between autonomy and the ownership of our own destinies. I will also focus on the preservation of human autonomy as an important component of human dignity, seeing it as strictly associated with knowledge and, even more significantly, with the constant production of new and pertinent knowledge of various kinds. I will also describe the important paradox of autonomy, which resorts to the fact that, on one side, cognitions (from science to morality, from common knowledge to philosophy, etc.) are necessary to be able to perform autonomous actions and decisions because we need believe in rules that justify and identify our choices, but, on the other side, these same rules can become (for example, as a result of contrasting with other internalized and approved moral rules or knowledge contents) oppressive norms that diminish autonomy and can thus, paradoxically, defeat agents’ autonomous capacity “to take ownership”.

Axiological analysis for the role of values in person-centered healthcare

2020 ◽  
Vol 8 (2) ◽  
pp. 183
Author(s):  
James Marcum
Keyword(s):  
Human Dignity ◽  
Essential Role ◽  
Critical Role ◽  
Clinical Encounter ◽  
Vital Role ◽  
Biomedical Model ◽  
Ethical Values ◽  
Epistemic Values ◽  
Aesthetic Values

In this paper, an axiological analysis for the role of values in person-centered healthcare is undertaken from aesthetic, epistemic, and ethical perspectives, given the backdrop of a robust notion of personhood. To that end, personhood is first analyzed and conceptualized to provide a practical framework for situating the axiological analysis for the role of values, especially the value of human dignity, in healthcare. In terms of aesthetic values, beauty plays an essential role within person-centered healthcare, especially with respect to the value of wellbeing, and for providing a platform to analyze further both epistemic and ethical values in healthcare. With respect to epistemic values, truth - particularly in terms of the value of competence - plays a critical role in providing effective healthcare. In terms of ethical values, the good, especially with respect to the value of caring, plays a vital role in shaping how both clinicians and patients comport themselves in the clinical encounter. In a concluding section, the significance of the axiological analysis for the role of values in person-centered healthcare, in contrast to healthcare based on the biomedical model, is briefly discussed.

Is Personal Dignity Possible Only If We Live in a Cosmos?

2018 ◽  
Vol 92 ◽  
pp. 223-240
Author(s):  
John G. Brungardt ◽  
Keyword(s):  
Human Dignity ◽  
Catholic Church ◽  
Common Good ◽  
Human Person ◽  
Modern World ◽  
Human Being ◽  
Catholic Theology ◽  
Personal Dignity ◽  
The Universe ◽  
The Catholic Church

The Catholic Church has increasingly invoked the principle of human dignity as a way to spread the message of the Gospel in the modern world. Catholic philosophers must therefore defend this principle in service to Catholic theology. One aspect of this defense is how the human person relates to the universe. Is human dignity of a piece with the material universe in which we find ourselves? Or is our dignity alien in kind to such a whole? Or does the truth lie somewhere in between? The metaphysics of creation properly locates the human being in the universe as a part, ordered to the universe’s common good of order and ultimately to God. Human dignity is possible only in a cosmos; that this is concordant with modern scientific cosmology is briefly defended in the conclusion.

Natality and Disability

2018 ◽  
Vol 2 ◽  
pp. 75-98
Author(s):  
Lorraine Krall McCrary ◽  
Keyword(s):  
Human Dignity ◽  
Cognitive Disabilities ◽  
The Body ◽  
Disability Theory

Arendt’s “natality,” a promising foundation for humanness that might be expanded to include those with profound cognitive disabilities, emerges in part out of Arendt’s creative interpretation of Augustine. Returning to Augustine provides natality with resources to escape the weaknesses of Arendt’s thought when viewed from the perspective of disability theory: The traps of grounding human dignity in rationality, of downplaying expressions of creativity in non-political spheres, and of denigrating the role of the body.

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