Human Dignity and the Law

2013 ◽  
pp. 156-179
Keyword(s):  
2021 ◽  
pp. 1-19
Author(s):  
Apaar Kumar

Abstract Kant interpreters have contrasting views on what Kant takes to be the basis for human dignity. Several commentators have argued that human dignity can be traced back to some feature of human beings. Others contend that humans in themselves lack dignity, but dignity can be attributed to them because the moral law demands respect for humanity. I argue, alternatively, that human dignity in Kant’s system can be seen to be grounded in the reciprocal relationship between the dignity of the moral law and the dignity inherent in the human constitution. The latter includes the dignity of personhood, construed as rational inner purposiveness, and the dignity of giving oneself the law and striving to follow it.


2009 ◽  
Vol 18 (3) ◽  
pp. 262-269 ◽  
Author(s):  
FRANCISCO JAVIER ANSUÁTEGUI ROIG
Keyword(s):  

In societies with an established system of rights, human dignity occupies the vertex of the moral statute. Freedom and equality are specific derivations of that higher value. Taking freedom and equality seriously necessarily means articulating a system of rights that places at its apex the value that unifies both: human dignity.


Author(s):  
Sir Guy Green
Keyword(s):  

Issues of Law ◽  
2020 ◽  
Vol 20 (4) ◽  
pp. 21-27
Author(s):  
E.V. Titova ◽  
◽  
A.G. Kuzmin ◽  

The article analyzes the objective and natural character of the origin of legal principles; the process of constitutionalization of the principles of Russian law and their implementation into the legitimate behavior of the participants of public relations. The authors substantiate that the content of constitutional principles is represented by three main elements: requirement, ideal, and knowledge. The most essential feature of constitutional principles is their ability for the legal expression of the most socially and politically significant values and ideals (legality, justice, humanism, freedom, equality, respect, trust) for an individual, society, and state. Regulatory features and normative significance of the principles of law are obtained as a result of constitutional formalization, and their embodiment insignificant rules of conduct of the state and the citizen contribute to the establishment of constitutional order. Special attention is paid to the content of some constitutional principles: the principle of respect and protection of human dignity; the principle of maintaining citizens’ trust in the law and the state; the principle of respect for the state power


JURNAL BELO ◽  
2020 ◽  
Vol 5 (2) ◽  
pp. 74-85
Author(s):  
Jennifer Ingelyne Nussy

ABSTRACT Recognition and protection of a guarantee of human dignity to earn a respectable place in the eyes of the law and government. Related to the interests of law enforcement, the Corruption Eradication Commission (KPK) for the purpose of wiretapping evidence in court, while will protecting the privacyrights of suspects. Legal protections for the accused to be seen as matter of law adopted. Therefore, the protection of the privacy rights of a person to be seen in the investigation process. For the Commission to conduct wiretaps should see privacy rights as stipulated in the law and the government should establish a special set of rules that intercepts, thus providing the possibility for law enforcement has the authority to do so does not conflict with human rights.


Author(s):  
Tina Beattie

Drawing on Giorgio Agamben’s idea of homo sacer and on the Catholic natural law tradition, Beattie explores the paradoxes and tensions inherent in the Christian understanding of divine justice and human laws. While natural law resists the pessimism of some Protestant theologies and their secularized postmodern derivatives, the doctrine of original sin means that all human laws are flawed in their quest to maintain justice through the imposition of order. Beattie argues that Christ is homo sacer in whom God is profaned, the human is made sacred, and the crucified body of the dehumanized other on the cross becomes the bearer of an absolute dignity outside the law.


Author(s):  
Christina Deliyianni-Dimitrakou

Equality is a multi-dimensional concept. In the context of law, it is principally identified with formal legal equality comprising both numerical and proportional equality. Numerical equality grants all individuals the possibility to uphold the same rights and obligations before the law. Contrary, proportional equality imposes the same treatment of the alike and different treatment of the non-alike. Nevertheless, the second principle of proportional equality calling for unlike treatment of the unlike seems to be equally challenging. When implementing this principle, the emerging challenges stem from the widely accepted Western perception that identifies diversity with inequality and inferiority. This chapter explores these highly challenging issues attempting to enlighten the interpretation of the principle of equality in conjunction with the most cherished value of human dignity.


2013 ◽  
Vol 14 (7) ◽  
pp. 823-843
Author(s):  
András Koltay

Human existence and dignity, just like human unity itself, are not actually rights. The essence of humanity, as regards the law, is inaccessible. Because of this, human life and dignity are included in the catalogue of human rights and in modern constitutions as the sources of rights, as inviolable values beyond the law. The law must guarantee that these inviolable values are respected and protected.


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