This chapter contains sections titled: The Vance Conception of Economic and Social Rights Justifying Economic and Social Rights Implementing Economic and Social Rights The Widespread Acceptance of Economic and Social Rights Note References.

The article discusses human dignity in the aspect of modern challenges of technological civilization, which has entered a new stage of its development. Human dignity as a category of ethics remains underestimated, since in the first row of ethical values humanitarians, as a rule, put the categories of freedom and justice. Today, “dignity” acquires a special and higher status, the concept of human dignity is being rethought, going beyond the ethical category itself as (...) a virtue. In the global world, human dignity is a response to such contemporary challenges as the formation of a communicative world community with a focus on digital civilization, the anthropological problem of the future of humanity, the ecological situation on a global scale, the reorientation of the ethical and legal relations of a globalizing world. Human dignity is a problem of national-ethnic and national-state relations in the transition to transnational regulatory interactions. In the interpretation of the nation, the authors do not share the well-known two approaches to understanding the nation, on the one hand ethnocultural, and on the other - national-civil. Both approaches lead, whenever possible or necessary, to the transnational posing of the question, when human dignity becomes a priority regardless of nationality. In this connection, the utopian idea of the possibility of a global ethos is touched upon. The authors focus on the anthropoxy-axiological approach to the understanding of human dignity, where the cosmological principle of human existence is determined by his creative power. The urgency of the problem of human dignity is due to the fact that, as it were, in the modern life world a person did not put the economy above morality, the basis of human dignity in its being is a value moral consciousness, in the depth of which basic human values of transnational nature “work”, contradicting values consumer society driven by practical interests. Human dignity in this regard should be interpreted as an absolute value and at the same time one should take into account the multidimensionality of the problem of dignity in the context of modern globalization processes. Based on the ontological understanding of globalization as megatrends in the self-movement of the natural historical process, the authors substantiate the anthropological value of human dignity, which has universal, transcultural significance. The use of an anthropoxy-axiological approach and interdisciplinary methods reveals the universal value of virtue, based on the anthropo-social moral nature and the creative value of man. The creative transformational activity itself will not be worthy in quality without moral responsibility. The modern concept of human dignity is addressed to the ethics of responsibility, which means responsibility, which highlights the moral and axiological attitude to life, the adoption of responsible decisions in modern conditions of sociocultural interactions. In the context of globalization, the philosophy of human dignity becomes the dominant of all conscious-volitional activities, the core of the moral rethinking of the transnational and national ratio in the light of tolerance, the ability to non-violence. At the same time, the authors indicate in the formulation of the main issue of the philosophy of human dignity the possibility of going beyond the ethical category of human dignity, since the unchanging core of the universal human values of goodness-beauty-truth does not lose its meaning in the global, changing world. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Convention for Protection of Human Rights and Dignity of the Human Being with Regard to the Application of Biology and Biomedicine: Convention on Human Rights and BiomedicineCouncil of EuropePreambleThe Member States of the Council of Europe, the other States and the European Community signatories hereto,Bearing in mind the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations on 10 (...) December 1948;Bearing in mind the Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950;Bearing in mind the European Social Charter of 18 October 1961;Bearing in mind the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights of 16 December 1966;Bearing in mind the Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data of 28 January 1981;Bearing also in mind the Convention on the Rights of the Child of 20 November 1989;Considering that the aim of the Council of Europe is the achievement of a greater unity between its members and that one of the methods by which that aim is to be pursued is the maintenance and further realisation of human rights and fundamental freedoms;Conscious of the accelerating developments in biology and medicine;Convinced of the need to respect the human being both as an individual and as a member of the human species and recognising the importance of ensuring the dignity of the human being; [End Page 277]Conscious that the misuse of biology and medicine may lead to acts endangering human dignity;Affirming that progress in biology and medicine should be used for the benefit of present and future generations;Stressing the need for international co-operation so that all humanity may enjoy the benefits of biology and medicine;Recognising the importance of promoting a public debate on the questions posed by the application of biology and medicine and the responses to be given thereto;Wishing to remind all members of society of their rights and responsibilities;Taking account of the work of the Parliamentary Assembly in this field, including Recommendation 1160 (1991) on the preparation of a Convention on bioethics;Resolving to take such measures as are necessary to safeguard human dignity and the fundamental rights and freedoms of the individual with regard to the application of biology and medicine;Have agreed as follows:Chapter IGeneral provisionsArticle 1. (Purpose and object)Parties to this Convention shall protect the dignity and identity of all human beings and guarantee everyone, without discrimination, respect for their integrity and other rights and fundamental freedoms with regard to the application of biology and medicine.Each Party shall take in its internal law the necessary measures to give effect to the provisions of this Convention.Article 2. (Primacy of the human being)The interests and welfare of the human being shall prevail over the sole interest of society or science.Article 3. (Equitable access to health care)Parties, taking into account health needs and available resources, shall take appropriate measures with a view to providing, within their jurisdiction, equitable access to health care of appropriate quality. [End Page 278]Article 4. (Professional standards)Any intervention in the health field, including research, must be carried out in accordance with relevant professional obligations and standards.Chapter IIConsentArticle 5. (General rule)An intervention in the health field may only be carried out after the person concerned has given free and informed consent to it.This person shall beforehand be given appropriate information as to the purpose and nature of the intervention as well as on its consequences and risks.The person concerned may freely withdraw consent at any time.Article 6. (Protection of persons not able to consent)1. Subject to Articles 17 and 20 below, an intervention may only be carried out on a person who does not have the capacity to consent, for his or her direct benefit.2. Where, according to law, a minor does not have the capacity to consent to an intervention, the intervention may only be carried out with the authorisation of his or her representative or an authority or a person or... (shrink)

Apart from being a pervasive concept of present-day law, human dignity is a phenomenon regularly experienced by people in their lives. Yet before any protection for it can be advanced, it is imperative that an explanation of how human dignity is at all possible be established, including a description of its constitutive figures. Paul Ricoeur made a significant contribution to the lacking phenomenology of human dignity. Despite only rarely using the term dignity directly, (...) he identified and described its three constitutive and interdependent figures—self-esteem, self-respect, and recognition—and embedded them amongst such notions as self, identity, narrative, passivity, bodiliness, fragility, morality, and law. He activated the phenomenological, existentialist, and hermeneutic legacies in understanding human dignity and succeeded in modifying certain sharp-edged structures that have periodically been associated with the notion of human dignity. In this paper I argue that human dignity is a high-ranking topic in Ricoeur’s writings, identify and synthesize the phenomenology of human dignity scattered throughout his works, and reveal the profound existential aspects he attributed to it. Finally, I discuss and evaluate his phenomenological-existentialistic account of human dignity, particularly taking into consideration the contemporary use of human dignity in law and its associated discourses. (shrink)

The paper argues for attaching a significant role to the dignity of offenders as a limitation on the scope of substantive criminal law. Three different aspects of human dignity are discussed. Human dignity is closely connected with the principle of culpability. Respecting the dignity of offenders requires that we assign criminal liability according to the actual attitudes of the offenders towards the interests protected by the offence. The doctrine of natural and probable consequence (...) of complicity, which allows us to assign liability for mens rea offenses to a negligent offender, violates the dignity of the offender; it treats the incautious offender as if she had willfully expressed disrespect towards the protected interest. The human dignity core of privacy is invaded by criminalizing the private possession of child pornography. By extending the prohibition of the creation, sale and distribution of child pornography to the private possession of pornography, the State attempts to control the way the individual expresses an essential part of the self—his sexual fantasies—within himself. Dignity demands that our actions convey an attitude of respect towards human beings. The expressive meaning of disrespect is culture-dependent. The historical association with totalitarian regimes explains our reluctance to impose a legal duty to report past crime: the individual who is legally required to turn a suspect into the police is viewed as an “informant.”. (shrink)

This article discusses the Daoist contribution to the idea of human dignity in the classical Chinese philosophy, particularly in aspects that had been ignored by the Confucians and the Moists. By criticizing the traditional morality and reviving the faith in a primitive, self-sufficient life, Laozi and Zhuangzi add an important dimension to the classical understanding of human dignity: individual freedom, particularly the freedom of living under minimum burden, direction, and oppression of the state. By comparing (...) the Daoist conception of human dignity with those of the Confucians and Moists, the article concludes that all three classical schools, if rationally construed, should support the view that the establishment of a liberal constitutional scheme is necessary to preserve and protect minimum/basic dignity in both physical and spiritual well-being of every human person who lives in a modern society. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Human Dignity, Human Rights, and Religious Pluralism:Buddhist and Christian Perspectives1John D'Arcy MayThe question of how the concept of human rights—so crucially important for the implementation of justice in a rapidly globalizing world—relates to the plurality of cultures and religions has still not been solved. Controversies such as those over land rights in Aboriginal Australia and Asian values in Southeast Asia have shown this repeatedly. In (...) such cases, discussion eventually becomes focused on the universality of human rights, not just the global scope of the idea itself but the universal validity of catalogues of specific rights such as those contained in the United Nations' Universal Declaration of Human Rights (December 10, 1948). There is something arbitrary and unsystematic about such charters, as is shown by the rather different emphases in the African and Islamic documents which were meant to correct the UN's lack of universality.2 But if, in attempting to explore this problem seriously, one appears to tamper with the principle of universality, one can easily be accused of diluting the ethical force of human rights by questioning their applicability to every human being without exception. Nothing could be further from my mind, so before explaining what I wish to do in this paper I shall first set out some presuppositions that I take to be axiomatic:1. Our starting point is the dignity of the human, the unique value of each individual human life as a world constituted by consciousness, an originating source of free acts, which is therefore an end in itself and must never be misused as a means to other people's ends.3 This principle is reflected in formulations such as dignitas humana in the social teaching of the Catholic Church, which goes back to the biblical doctrine of the creation of human beings in the image of God, or in the unique status of the human being in the Buddhist scale of existence, on which neither animals nor gods but only humans are in a position to grasp the reality of their situation and strive for definitive release from the chain of becoming; hence the severity of the prohibition on taking human life as the third of the four cardinal offences (pārājika).42. The concept of "human rights" is one way of acknowledging this unique moral status of human dignity, in that rights accrue to the individual person [End Page 51] simply by virtue of his or her being rational, autonomous, and free. To this extent human rights language belongs within the Western tradition of liberal discourse, which lies at the heart of Western democracies and was profoundly influenced by Christianity. Conceptions of what it is that makes the human uniquely valuable, however, are very differently constructed in different cultural and religious traditions.53. What rights language tries to express in the conceptual framework provided by European culture has universal validity, although it is otherwise expressed in other cultures, for example, in terms of "duty," "obedience," "taboo," and so on. Problematic as it is in the context of postmodern discourse, the sameness-in-difference of the human as the criterion for rights everywhere and without exception is a categorical imperative on which the effectiveness of human rights as an instrument of justice depends.4. Conceptions of universality, however, may themselves be culturally determined and usually arise in contexts of domination: what is taken to be universally valid is often somebody's particular version of the truth of things which by virtue of a claim to universality is then imposed on others as "the" truth. Such conceptions are necessarily generalizations, whereas the moral impulse arises in the face-to-face encounter with the alien, unexpected and unwanted "other," as Levinas has shown.5. Universality is thus not available a priori but remains implicit in the intersubjectivity of human interaction until it is realized through shared practice and the negotiation of meanings; this applies all the more to interactions between religions and across cultures.66. Rights language, though a powerful instrument for the implementation of justice, is thus incomplete unless its Western (and Christian) conceptual presuppositions are complemented by the metaphors, stories, and... (shrink)

The principle of humanity is, surely, one of the most significant moral principle regulating the influence of a teacher as a mature moral agent, since teachers, by means of their work, contribute to shaping the humanity and human dignity of students. The principle and value of humanity can, first of all, be applied to the relationship of the teacher towards students. Teachers should, by their humane approach, contribute to removing moral barriers, fear in children and youths, and accept (...) them as morally equal partners. The author of paper deals with the forms of humanity within the teaching profession on the basis of the ethics of social consequences, which is a version of non-utilitarian consequentialism. This ethical conception is based on the principle and value of consequences resulting from decisions and actions as well as opinions and attitudes of a moral agent. The core of the value structure is mainly composed by the values of humanity, human dignity and moral rights of man, because a moral way of life helps the development of human life, it protects and supports it. At present, contemplations on these issues have been revived, thanks to, in part, discussions on ethics and morality regarding various professional aspects of human life. (shrink)

Emergency care research sometimes involves incapacitated adults as research participants. The ethical principle of respect for autonomy may not necessarily apply to an incapacitated person unable to act in an autonomous manner, although it can be argued that researchers still have a duty of respect towards such people because they have moral status despite being incapacitated. Sharing some common ground with theories of moral status based on ‘humanness’ and the ability for rational thought is the notion of human (...) class='Hi'>dignity, which features in arguments regarding researcher conduct with incapacitated patients. However, human dignity premised upon the unique ability of humans for rational thought and moral self-regulation is contingent upon these capabilities – a limitation that possibly makes dignity a less useful framework for research conduct in emergency care research. In this article, I will discuss the different conceptions of human dignity – as equality, status and virtue – and then draw on more recent literature that explains human dignity as a social constraint and as a factor influencing the conduct of healthcare professionals and researchers. I will address questions of whether dignity as a principle ought to apply only to those who have the ability to think rationally, or to all humans regardless of their condition or mental status. I will argue that, in relation to offering protection to research participants in emergency conditions, it is immaterial which view is taken. (shrink)

Healthcare robots enable practices that seemed far-fetched in the past. Robots might be the solution to bridge the loneliness that the elderly often experience; they may help wheelchair users walk again, or may help navigate the blind. European Institutions, however, acknowledge that human contact is an essential aspect of personal care and that the insertion of robots could dehumanize caring practices. Such instances of human–robot interactions raise the question to what extent the use and development of robots for (...) healthcare applications can challenge the dignity of users. In this article, therefore, we explore how different robot applications in the healthcare domain support individuals in achieving ‘dignity’ or pressure it. We argue that since healthcare robot applications are novel, their associated risks and impacts may be unprecedented and unknown, thus triggering the need for a conceptual instrument that is binding and remains flexible at the same time. In this respect, as safety rules and data protection are often criticized to lack flexibility, and technology ethics to lack enforceability, we suggest human dignity as the overarching governance instrument for robotics, which is the inviolable value upon which all fundamental rights are grounded. (shrink)

At no other time has the keen search for common humanity, and the practice that follows such an assumption, been as urgent and imperative as it is now. In the era of globalization, the cause and the politics of shared humanity face the most fateful among the many fateful steps they have taken in their long history. For all its flaws and inadequacies, Korczak’s practice of engaged conversation of partners who in the course of talking and listening help each other (...) into equality may be seen, after the years, as a laboratory in which the roads to humanity had been experimented with, researched, and mapped. To say that Korczak added a few (even a crucial few) weapons to our pedagogical armoury while recommending to decommission some others means to grossly underestimate the significance of his legacy. Korczak wished to protect children’s dignity not for the sake of the happy childhood alone, but also for the sake of those adults in whom children would eventually turn. Children’s dignity is the childhood of human dignity. Human dignity has no other childhood and nowhere else to take root, grow and self-assert. (shrink)

This handbook provides a systematic overview of the legal concept and the meaning of human dignity for each European state and the European Union. For each of these 43 countries and the EU, it scrutinizes three main aspects: the constitution, legislation, and application of law. The book addresses and presents answers to important questions relating to the concept of human dignity. These questions include the following: What is the meaning of human dignity? What (...) is the legal status of the respective human dignity norms? Are human dignity norms of a programmatic nature, or do they establish an individual right which can be invoked before court? Is human dignity inviolable? The volume answers these questions from the perspectives of all European countries. As a reaction to the barbaric events during World War II, human dignity found its way into international law. Article 1 of the Universal Declaration of Human Rights states that “[a]ll human beings are born free and equal in dignity and rights.” The starting point for developing the concept on a national level was the codification of human dignity in article 1, paragraph 1 of the German Grundgesetz. Consequently, the concept of human dignity spread throughout Europe and, in the context of human rights, became a fundamental legal concept. (shrink)

Human dignity is a crucial concept in contemporary ethical, political and legal studies. However, people have different, even opposite understandings of human dignity, which has caused lots of confusion in related discourses. The Confucian notion of human dignity provides an important perspective for reflecting various theories of human dignity. In Confucian ethics, the basis of human dignity is the moral potential that every human being naturally has. Moral potential grants (...) everyone universal dignity, while the development of moral potential grants people acquired dignity. Since all human beings have moral potential to the same extent, everyone owns universal dignity equally. Different people develop their moral potential to different extents. One’s acquired dignity is positively associated with the development of her moral potential. Universal dignity is a moral status but acquired dignity is not. To pursue acquired dignity is the moral demand of universal dignity and protects people’s universal dignity. Confucian discussions on human dignity provide not only a way to justify the equality of human moral status, but also a way to justify the moral obligation of protecting and developing human nature, thereby constituting a reliable theoretical basis for coping with ethical issues caused by biomedical technologies today. (shrink)

David Luban argues in this lecture that the moral foundation of the lawyer's profession lies in the defense of human dignity-and the chief moral danger facing the profession arises when lawyers assault human dignity rather than defend it. The concept of human dignity has a rich philosophical tradition, with some philosophers identifying human dignity as a metaphysical property of individuals-a property such as having a soul, or possessing autonomy. Luban argues instead that (...) human dignity is a relational property of "the dignifier" and "the dignified," emphasizing that assaulting human dignity humiliates the victim. Lawyers honor the human dignity of others by protecting them against humiliations, and defile that dignity by subjecting them to humiliations. The lecture develops these ideas through four traditional issues in legal ethics: the right of criminal defendants to an advocate, the duty of confidentiality, paternalism of attorneys toward their clients, and pro bono service. (shrink)

Adopting an interdisciplinary perspective, this volume explores the reality of the principle of human dignity – a core value which is increasingly invoked in our societies and legal systems. This book provides a systematic overview of the legal and philosophical concept in sixteen countries representing different cultural and religious contexts and examines in particular its use in a developing case law. Whilst omnipresent in the context of bioethics, this book reveals its wider use in healthcare more generally, treatment (...) of prisoners, education, employment, and matters of life and death in many countries. In this unique comparative work, contributing authors share a multidisciplinary analysis of the use of the principle of dignity in Europe, Africa, South and North America and Asia. By revealing the ambivalence of human dignity in a wide range of cultures and contexts and through the evolving reality of case law, this book is a valuable resource for students, scholars and professionals working in bioethics, medicine, social sciences and law. Ultimately, it will make all those who invoke the principle of human dignity more aware of its multi-layered character and force us all to reflect on its ability to further social justice within our societies. (shrink)

In 1971, Herbert Spiegelberg challenged philosophers to refine and deepen the vivid idea of human dignity to prevent its degeneration. Although philosophers, including Michael Rosen and Jeremy Waldron, have responded with valuable insights, the full moral depth of dignity has remained philosophically elusive. Furthermore, many philosophers still think human dignity a limited ethical concept. By integrating important alienable and inalienable dimensions of human dignity, this essay attempts to do justice to our vivid contemporary (...) experience of dignity's moral depth. It seeks to illuminate the profound, universal worth of all humans, and the ethical force of human rights protections. (shrink)

Purpose. The article is aimed to study the anthropological, socio-philosophical and philosophical-legal dimensions of the ontological sphere of human life within the discourse of restricting human rights during pandemic threats. To do this, one should solve a number of tasks, among which are the following: 1) to explore the anthropological and praxeological understanding of fear as a primary component of human existence in a pandemic, which prevents people from changing their lives for the better and healthier, having (...) fun and happiness; 2) to put a focus on the habituation of fear as a two-dimensional adaptation to risks and threats from pandemics; 3) to reflect the anthropological features of changes in human life experience under the influence of the COVID-19 pandemic in the discourse of human rights and public health measures. Theoretical basis. Today, international guiding principles on human rights response to global natural threats have been updated. However, there are still no specific legal recommendations concerning measures on human rights protection during outbreaks of various infectious diseases. However, the influence of unexpected global challenges causes a change in the anthropological component of society and the state, so it requires immediate comprehensive research. Originality. It was substantiated a systematic approach to the implementation of modern healthcare policy towards the recognition of human life as the highest value, increasing the level of psychological preparedness for pandemic challenges and approximation of statutory provisions of human rights protection to modern challenges and threats to the health of the individual, society and state. The study of anthropological, socio-philosophical and philosophical-legal dimensions of human existence in the discourse of pandemic threats made it possible to reveal the profound influence of fear on human life, social justice and, consequently, identify the moral and legal dependence of the development level of society and the state on the level of axiological and anthropological concept of human dignity. Conclusions. Based on the study of statistical reports, international analysis and the use of personal authorial methods, the following can be stated: the methods of combating the modern pandemic have directly affected everyone on national and international level. Their influence is significant because it changes the rules of coexistence and life of people in all spheres. However, the influence on the consciousness and other intentions of the individual has mostly temporally insignificant limits. (shrink)

Human dignity is the supreme criterion for protecting research participants, and likewise for numerous ethical matters of ultimate importance. But what is meant by “human dignity”? Isn’t this some vague criterion, some sort of lip service of questionable relevance and application? We shall see that it is nothing of the sort, that to the contrary, it is a very definite and very accessible criterion. However, how is this criterion applied in protecting research participants? These (...) are the matters that we will examine now. My presentation is divided into four parts. 1/Recognizing Human Dignity; 2/Practical Definition of Human Dignity; 3/The Human Being in a Weakened State; 4/ Conclusion. (shrink)

The problem of the values of Ukrainian society is one of the most important and debatable problems in modern scientific discourse. This is due to the transition of our state from the traditional model of the state, in which there is authoritarianism, secrecy, to a socially oriented society and a democratic, open state.Accordingly, there is a change in values, which is an integral part of the existence of any society and state. To replace the Soviet system of declaration of surrogatecollective, (...) paternalistic values, which existed for several decades, a new system is formed, which provides a clear orientation of Ukrainians to European values, the significant achievements of the Ukrainian people, the moral recovery of society, increasing values and culture of civil society. Honor and dignity of Ukrainians, which is an indispensable basis for the development of moral culture of society.The purpose and objectives of the article. Based on the achievements of modern science and philosophy, to analyze the essence of the moral culture of the people, the place of human dignity and its importance in moral culture; to characterize and classify the main factors of dignity formation in the moral culture of the people. The research methodology is complex and is based on philosophical-anthropological and philosophical-cultural analysis of the problems of formation of moral culture of the Ukrainian people and its structural element - human dignity. Research results.The most important, synthetic, integral consequence of human development is moral culture. Moral culture is the level of assimilation by an individual or a group of people of existing moral values in society, the degree of their involvement in the moral aspects of activity, a measure of personal moral development. Practical and spiritual factors include, first of all, ethnic stereotypes specific to a certain people (traditions, customs, rituals, typical traits of character and behavior, dominant emotions, folk crafts, entertainment, games), as well as historical memory, established symbols, folk shrines. Historical memory, preserving every page of life, the people’s struggle for social, political and national rights at all stages of its development, serves as a solid foundation on which national self-consciousness is successfully formed.Institutional factors are important for the formation of dignity in the moral culture of the people. These include nation- and state-building activities of public authorities, national elite, political parties, religious and public organizations. If the state creates conditions in society for the assimilation of the historical and cultural experience accumulated by the nation, it contributes to the education of national self-esteem, ie awareness of community members of their belonging to the nation, their duty to the community of like-minded people. Conclusions. Summarizing the results of the study, we can formulate the following conclusions. Human dignity in the moral culture of the Ukrainian people is the result of the interaction of a combination of many factors that determine its structure and content. The process of its formation is quite long, complex and contradictory. This is due to the fact that it is human dignity that provides the spiritual, ideological foundation for the functioning of national communities, contributing to the development of promising guidelines for the development of the nation and the state. (shrink)

Recently, the idea that all rights are positive and costly has come to prominence in international human rights law. This has been taken to imply that there are no reasons to object to providing economic, social, and cultural rights with the same level of protection than civil and political rights. The present contribution aims to reject this undifferentiated view. It argues that even if it is accepted that all rights are in a sense positive and costly, there are still (...) strong grounds for finding the welfare implications of human rights problematic from the perspective of adjudication. (shrink)

I conducted my own comparative and empirical study on the presence, absence, and uses of dignity as a bioethical principle. My study revealed the difference between the Anglo-American region and Europe, as well as the internal diversity in the European countries, which demonstrated a lack of unity and consistency in both the scope and the perception of the concept. The information and analyses presented in this work confirm these observations and conclusions while highlighting the strong presence of the principle (...) of dignity in the law almost everywhere in the world. However, this relative omnipresence of the notion of dignity is less evident in the field of bioethics, which is my sole interest. All of which resulted in referring back to the words of Ruth Macklin “Dignity is a useless concept,” albeit in the form of a question: is dignity a useless, perhaps even harmful, concept, as it is a source of confusion and misunderstanding rather than of clarity? (shrink)

One of the few points of consensus in the Kantian literature is that Kant’s Moral Law is binding universally and unconditionally. Hence, the Moral Law is binding for all human agents (universally) irrespective of the agents’ particular interests (unconditionally). Whether or not we intend to act on the Moral Law, this is the law we ought to follow. Beyond this point of consensus, however, even the most important details are matters of controversy. What exactly does the Moral Law require (...) of us? What, if anything, grounds its bindingness? In particular, does Kant argue that the Moral Law is binding because it is ‘self-legislated’? What is the relation between the Moral Law (supreme principle of morality) and substantive moral laws such as the law that we ought to promote the happiness of others? What does Kant mean by his claim that the will has autonomy? In the four articles discussed in this special issue, Kleingeld proposes novel answers to these questions. This introduction presents the articles and brings to the fore the larger theme tying them all together. (shrink)

Fundamental aspects of human use of the environment can be explained by game theory. Game theory explains aggregate behaviour of the human species driven by perceived costs and benefits. In the 'game' of global environmental protection and conservation, the stakes are the living conditions of all species including the human race, and the playing field is our planet. The question is can we control humanity's hitherto endless appetite for resources before we irreparably harm the global ecosystem (...) and cause extinction of even more species? The central problem is that some proportion of the individuals or groups will behave selfishly. The inducement for using more than a fair share, or 'cheating', increases as that resource becomes rarer, thus the benefits of cheating increase. In addition, the total number of people is increasing, so the proportion of cheaters must decrease to even keep total resource use constant. Cost benefit analysis of the effect of regulation and incentives on potential cheaters may provide a rational approach to controlling environmental problems. While it is debatable that environmental values are constant across cultures, communal use of resources seems to follow global rules. Cooperative use and punishment of those who use more than their share appear to be ubiquitous in human societies. Schemes for controlling human impact on the global environment must take into consideration basic behaviours including development of social norms and the positive feedback created because resources become more valuable with increasing rarity leading to more incentive for consumption. (shrink)

In this article I spell out a conception of dignity grounded in African moral thinking that provides a plausible philosophical foundation for human rights, focusing on the particular human right not to be executed by the state. I first demonstrate that the South African Constitutional Court’s sub-Saharan explanations of why the death penalty is degrading all counterintuitively entail that using deadly force against aggressors is degrading as well. Then, I draw on one major strand of Afro-communitarian thought (...) to develop a novel conception of dignity as the view that what is special and inviolable about human nature is our capacity for harmonious relationships. I argue that a principle of respect for the dignity of such a capacity entails that the death penalty is an indignity but that deadly force in self- or other-defense need not be, and I contend that this African- inspired principle promises to do no worse than the more Western, Kantian principle of respect for autonomy at accounting for a broad range of human rights. (shrink)

Appeals to the dignity of people with dementia are widespread in the current literature on dementia care. One influential account of dignity in the wider philosophical and bioethical literature that has remained underexplored in the context of dementia care is that of Martha Nussbaum. This paper critically examines Nussbaum’s account of dignity and aims to determine what moral guidance this account can offer for the provision of care to people with dementia. To that end, first, I identify (...) four possible objections to appeals to dignity in dementia care. These objections are (1) redundancy of the dignity talk, (2) exclusionary implications, (3) reliance on (suspect forms of) speciesism and (4) unclear practical implications. Then, I discuss whether, and to what extent, Nussbaum’s account of dignity can overcome these objections. I argue that Nussbaum’s account, in its original form, struggles to overcome the problem of exclusionary implications and consequently the problem of unclear practical implications. I argue for a modified version of Nussbaum’s account of dignity. I demonstrate that this modified version can better overcome all of the four objections, and it provides relatively clearer moral guidance for the provision of care to people with dementia. The modified version of Nussbaum’s account is predicated on a novel dementia-specific model of flourishing, which draws on Kitwood and Bredin’s empirically informed list of indicators of well-being for people with dementia. (shrink)

The mechanics of claims focusses predominantly on the claim to life. The claim to life is rooted in the autonomy principle, just like other specific claims. Still, the mechanics of claims does not have a systematic place for the fundamental negation of the status as an autonomous being as such. It is, however, the proctiction of the status as such, which is at the center of the protection of human dignity in German constitutional law. Looked at it from (...) this perspective, the protection of human dignity as the protection of the status of an autonomous human being, appears to be a blind spot of the mechanics of claims. The comment attempts to show, how this blindspot leads to inconsistencies in the mechanics of claims, and how they might be ameliorated if human dignity is considered as an absolute right independent of the claims to life. (shrink)

This volume is devoted to exploring a subject which, on the surface, might appear to be just a trending topic. In fact, it is much more than a trend. It relates to an ancient, permanent issue which directly connects with people's life and basic needs: the recognition and protection of individuals' dignity, in particular the inherent worthiness of the most vulnerable human beings. The content of this book is described well enough by its title: 'Human Dignity (...) of the Vulnerable in the Age of Rights'. Certainly, we do not claim that only the human dignity of vulnerable people should be recognized and protected. We rather argue that, since vulnerability is part of the human condition, human vulnerability is not at odds with human dignity. To put it simply, human dignity is compatible with vulnerability. A concept of human dignity which discards or denies the dignity of the vulnerable and weak is at odds with the real human condition. Even those individuals who might seem more skilled and talented are fragile, vulnerable and limited. We need to realize that human condition is not limitless. It is crucial to re-discover a sense of moderation regarding ourselves, a sense of reality concerning our own nature. Some lines of thought take the opposite view. It is sometimes argued that humankind is - or is called to be - powerful, and that the time will come when there will be no vulnerability, no fragility, no limits at all. Human beings will become like God (or what believers might think God to be). This perspective rejects human vulnerability as in intrinsic evil. Those who are frail or weak, who are not autonomous or not able to care for themselves, do not possess dignity. In this volume it is claimed that vulnerability is an inherent part of human condition, and because human dignity belongs to all individuals, laws are called to recognize and protect the rights of all of them, particularly of those who might appear to be more vulnerable and fragile. (shrink)

The claim that human dignity is universal is challenged by the particular experience of the horrible things people do to others. If dignity is just a ‘vacuous concept’ then the notion of universal human rights and the claim of cosmopolitism that all human beings for a single moral community are also called into question. A close reading of the Universal Declaration of Human Rights and an analysis the historical development of the text reveals a (...) complex conception of human dignity expressed by the Component Dimensions of Human Dignity model. The model conceives of human dignity in terms of four Component Dimensions – existential, behavioral, cognitive-affective and social- each consisting of a Complementary Duality comprising two facets held in tension along an axis of the Already and the Not Yet. Consequently, human dignity can be understood both as Already a universal truth, and as Not Yet realized in every particular life. (shrink)

Starting from Hans Jonas’ works, this essay researches the bases of human responsibility and its reasoning is made up of four points. 1. He was aware of how his experience had influenced his thought and he questioned what means reflecting starting from extreme situations: «The apocalyptic state of things, the threatening collapse of a world, the climatic crisis of civilization, the proximity of death, the stark nakedness to which all the issues of life were stripped, all these were (...) ground enough to take a new look at the very foundations of our being and to review the principles by which we guide our thinking on them». 2. Faced with these situations he rediscovered the richness of the Ancients’ thought. For example, the Stoics inherited and transformed the illuminating aspects of the theory that conceived of the ‘being’ as contemplation of the whole, which had permeated Greek natural philosophy and scientific speculation. They took it on as the capacity to identify one’s own most internal principle with the principle of the whole, in a more religious sense. The discovery in the whole of what is felt to be the highest and noblest in human beings – like reason, order, and form - makes our orientation towards a super-regulating end a liberating wisdom. 3. Jonas considers that starting from XVII century the two aspects, here distinct as external and internal, remain at the core of the issue so far as the problem of freedom is concerned. Moreover, theoretical efforts now move in the direction of rendering, of discovering a conception of freedom which is logically compatible with causal determinism, while in the history of philosophy, the problem of freedom was not born in the sphere of logic. So it is necessary to rethink Modernity and how it is possible to found human freedom and responsibility nowadays. (shrink)

“Human dignity is inviolable. It must be respected and protected.” What is the status of this proposition? Is human dignity inviolable? Statements on human dignity are closely intertwined with philosophical, anthropological and legal issues – and with the obligations, possibilities and limits of philosophy. Why a plea for human dignity? There are two reasons at least: (i) human dignity is violated, (ii) there are heated debates on exactly what “human (...) dignity“ means. Accordingly, the elements of a normative theory of the state and legal rights are discussed in order to explain what rights and the state should be and can be. After an exposition of the plurality of competing definitions and a short archeology of the concept of human dignity, the author defends the following thesis: Only the conceptualization of human dignity as a principle, concept and norm of positive law allows an appropriate understanding of what should be protected by the guarantee of dignity: i.e. the freedom and equality of everyone who is a human being. (shrink)

The claim that human dignity is universal is challenged by the particular experience of the horrible things people do to others. If dignity is just a ‘vacuous concept’ then the notion of universal human rights and the claim of cosmopolitism that all human beings for a single moral community are also called into question. A close reading of the Universal Declaration of Human Rights and an analysis the historical development of the text reveals a (...) complex conception of human dignity expressed by the Component Dimensions of Human Dignity model. The model conceives of human dignity in terms of four Component Dimensions – existential, behavioral, cognitive-affective and social- each consisting of a Complementary Duality comprising two facets held in tension along an axis of the Already and the Not Yet. Consequently, human dignity can be understood both as Already a universal truth, and as Not Yet realized in every particular life. (shrink)

The article analyses the three terms autonomy, dignity and vulnerability. The relevance and practical application of the terms is tested in two spheres. First, as guiding principles in the area of ethics of medicines and science. Second, as human rights principles, serving to guide the conduct of public policies for an effective realization of human rights. The article argues that all human beings have the same dignity, but that the autonomy—and therefore vulnerability—differs considerably. (...) Simply said, with reduced autonomy comes increased vulnerability, implying extra attention to the protective dimensions. The article finds that the three terms approach the protection of human beings in different ways and that all are relevant and applicable in both spheres, but that an isolated notion of autonomy and a ‘group-based’ notion of vulnerability are not adequate. (shrink)

PHILOSOPHY OF HUMAN RIGHTS: HUMAN RIGHTS IN LIGHT OF THEIR INTERNATIONAL PROTECTION Summary The book consists of two main parts: in the first, on the basis of an analysis of international law, elements of the contemporary conception of human rights and its positive legal protection are identified; in the second - in light of the first part -a philosophical theory of law based on the tradition leading from Plato, Aristotle, and St. Thomas Aquinas is constructed. The conclusion (...) contains an application of the results of the analysis conducted in the second part. The first part comprises four chapters. The first aims at revealing characteristics of human rights on the basis of an analysis of historical conditioning of the inter-national law of human rights and its development. The historical context displays the practical, vindicative, and critical character of the positive legal protection of human rights. Moreover, the process of change of positive human rights law is distinguished from the process of change of human rights as such. In the second chapter the content of human rights - a topic which is only auxiliary to the conducted analysis - is discussed. Basic typology and catalogues of rights proclaimed in the Universal Declaration of Human Rights and protected in the International Covenants of Human Rights are presented. The review of the content of rights aims at a more precise limitation of the field of research. The examination shows a diversity of rights which poses a serious challenge to the coherence of every philosophical theory of human rights. In the third chapter, central in the first part, international law is analyzed with regard to the characteristics of rights and the foundations of them. The analysis of documents shows a number of solutions referring to the anthropological foundations of rights. The inherent dignity of the human person is the source of all human rights. Each human being is recognized as free, and endowed with both reason and conscience. In the propounded conception of man individuals are not rivals but create a community which is a condition for their development. International law characterizes the rights as universal, inherent, inalienable and inviolable. The reconstructed conception also comprises the following basic elements: on the level of the structure of rights, a recognition of their equality, interdependence, and comprehensiveness; in the grounding of these rights, a recognition of the anthropological foundations of law; in the conception of positive law, a recognition of the secondariness of the positive law of human rights to human rights themselves, and a recognition of human rights and justice as the basis for legal order; in the conception of state, a recognition of the well-being of the individual as the fundamental aim of actions undertaken by political institutions, and recogni¬tion of rights which form an impassable boundary to the power of the state, includ¬ing its legislative actions. The characterization of the international legal paradigm serving for the under¬standing of human rights is supplemented by analyses of the structure of their posi¬tive legal protection. Various meanings of the terms "right" and "freedom" are distinguished. Subjective right, as basic structure of the positive legal protection of human rights, is understood as a complex relation formed by various legal situations of the subject of a right which create a functional whole in respect of the subordi-nation of human person to its good. Subordinating person to a good proper for it, expressed usually in a proclamatory norm, is the central element of particular rights around which further elements aiming at the realization of this good are built. In the second part of the book a philosophical theory is developed which allows for the location of a coherent foundation for the presented characterization of human rights and their positive legal protection. This part consists of two chapters. The first includes a review of some - not entirely satisfactory - means of founding of human rights; the second presents philosophical conceptions of law and man which may form a basis for the constructed theory. The review of arguments contained in the first chapter does not aim at a detailed analysis of various specific ways of argumentation encountered in works on this subject but rather at a concise presentation of the main possible lines of argumentation. These analyses also serve to emphasize the positive solutions which are pro¬posed later and to underscore the explanatory power of the elaborated theory. This theory, retaining accurate intuitions contained in the presented types of argumenta¬tion, helps in avoiding their consequences which are difficult to reconcile with the reconstructed paradigm of human rights. Efforts to base human rights on the norms of international law rightly take into account the necessity of determining the content of the rights and their positive legal protection as a means for the realization of man's good. These attempts, how¬ever, do not properly take into account the inherent character of human rights, which are independent of positive law and provide grounds for applying specific legislative measures and not others. Founding human rights on freedom accurately points at the freedom of an indi¬vidual as a constitutive element of some rights; however, absolutization of freedom leads, to a loss of an important element of the contemporary paradigm of under¬standing human rights. This foundation undermines recognition of the fact that human rights may set limits to both the freedom of others and the freedom of the subject of rights itself. Additionally, attempts at the so-called axiological justification of human rights are discussed. This type of justification has a few variants depending on the as¬sumed conception of value. Subjectivistic conceptions have similar advantages and disadvantages to the conceptions basing human rights on freedom; objectivistic conceptions while providing for the universality of human rights place, the fundamental aim of human rights protection beyond the individual human being - in the idealistically existing world of values; finally, conceptions rooting values and human rights in culture, while accurately noting that human rights are learned through the medium of culture, place the source of human rights beyond a concrete individual - in culture and processes which take place in it - which leads to difficulties in finding a basis for the universality of rights. Furthermore, attempts to ground human rights in specific characteristics of the human being are presented. This type of approach points to an important problem of dependence of the content of rights on what man is. However, recognition of specific characteristics of a human being as an ontic foundation of the existence of rights poses a danger to their universality since one has to accept that it is not enough to be a man to be a subject of rights, but a man possessing specific charac¬teristics. The second chapter aims at outlining solutions worked out by Saint Thomas Aquinas. For a fuller understanding of his propositions selected elements of Plato's and Aristotle's philosophy are presented. It was them who formulated the founda¬tions for reflection on law and justice in the ontological context. A qualification is made that Stoicism is not be analysed in depth. Although Thomas' concept of law was undoubtedly developed under the influence of the Stoic doctrine as well, it is not in this that one should look for the tools to understand the ontic foundations of human rights and law in general since the Stoic moral philosophy and philosophy of law were developed in the context of a theory of being which assumed monistic and pantheistic premises as foundations, leading to the recognition of a total subor¬dination of the human individual to a larger unity of which man is only a part. The analysis of Plato's and Aristotle's texts concentrates on problems of justice. Plato seems to be the first philosopher who reflected on the formula basic in the history of European thought: to render to each his due. It appears that justice as both a characteristic of man and his acts is understood in the perspective of that which is just, that which is a good for another man - the recipient of the act. The basis for determining what is just is the relation of correspondence between some¬one and something. While in the case of Plato this relation is based on something beyond its terms, namely on ideas, in the case of Aristotle the relation occurs on account of the elements of the relation itself. Something is just when it contributes to the develop¬ment of the recipient of an act realizing that which is just. At the same time, the realization of that which is just is a good for the agent. In the analysis of the just two types of relation are revealed: the relation of due-to-recipient occurring on account of the compatibility of that which is due, with the recipient of the act; and - a "superstructure" - a relation of obligation-of-subject occurring on account of the compatibility of the acting subject with the thing which should be done. The basis for being that which is due is formed by various potentialities of development of man - the recipient of agency; the basis of being that which is an obligation is the possibility of development of the subject of action. Aristotle distinguishes various types of freedom and points to the necessity of taking them into account in the discussion of justice. Among other things, as the core of man's freedom, he considers life for its own sake, which can be seen as his expression of the basic indices of the autotelic character of man - which is funda¬mental for later conceptions of dignity. The freedom which is described by him is not, however, inherent and inalienable; being free is conditioned by a factual possi¬bility of undertaking actions, which are not solely means to the realization of aims set by others. Thomas Aquinas takes over the Aristotelian research perspective both in his conception of man and of law. At the same time, however, he significantly enriches it. In anthropology he develops a conception of personal being. Drawing upon his distinction between existence ("that something is") and essence ("what something is"), he sees the basis for being a person in the dignity of personal being which is a certain way of existence of a rational being more perfect than that of non-personal beings. The person is a being which, by virtue of its act of existence, is individual¬ized in a specific way. It is an aim in itself. Expressing it in a negative way, one may say that it does not exist as a means for the realization of the aims of others and, in this sense, that it is free. As distinct from Aristotelian conclusions, being a person is not conditioned by the specific actions of a being. Dignity is inherent, based on that which is the foundation of the factual existence of every rational being. Although freedom requires that a being is rational, dignity still encompasses all being, all its properties and potentialities. Thus an act conforming with dignity has to take into account a whole human being. Among different types of that which is just, ius, the first place, from the point of view of understanding law, falls to "the just thing itself ("ipsa res justa"), which is right in the full meaning of the word. On the one hand, it is that which is due; on the other hand, it determines the way of acting in the utmost degree, since the course of every act is determined in the fullest extent by its aim. The content of ius may be determined both by elements independent of free decisions - ius naturale - and by free decisions taking into account the state of things - ius positivum. Recognition of the objective structure of being as the basis of law does not entail that it is possible or desirable to determine unequivocally "the only right" patterns of conduct. This concept is very well justified within the system proposed by Saint Thomas. Individualization of being is a significant element of the develop¬ment of a person as a person. It is attained by the realization of individual aims which are not unequivocally determined by circumstances and the nature common to all people. By virtue of free choices made in the sphere of that which is not by its nature unjust, the object of action becomes ius. Since in the realization of the person the individualization of human being is central, Aquinas clearly sees the need for the protection of the sphere of "dominion of will". This sphere itself constitutes ius naturale, something which is due to man independently of the acts of will. Therefore "law should forbid nothing which is not unjust" ("nihil debet lege prohiberi quod licite fieri potest", In 3 Sent., dist. 40, q. I, a. 1, 3). Besides the relation of due-to-recipient, ius also includes the relation of obligation-of-subject which is superimposed on the relation of due-to-recipient. As far as the ontic foundations of obligation are concerned, in explaining why man is subordinated to realization of the good of others, Aquinas generally follows Aristotle in accepting that this basis is the subordination to moral good - to actions conforming with the learned truth about reality. Aquinas' systemic solutions allow, however, to reach deeper and understand why moral development is also a development of the whole human being. This was difficult within Aristotle's system, since he was reluc¬tant to decide whether precedence should be given to intellectual or moral develop¬ment. The inclination to realise good of another appears to be a transcendental characteristic of being, based on its very existence. Morality understood as rational and free subordination to realize the good of another is a specifically personal way of the realization of this inclination. Thus just actions contribute to the actualization of being in the aspect of its existence and therefore to the actualization of being as a whole. Thomas' conception of natural law (lex naturalis) as participation in eternal law (lex aeterna), offers possibilities for grasping that which is just as something which is basically accessible cognition, independently of Revelation and independently of faith in God, and at the same time as something based in eternal law, understood as a design of God's wisdom. Eternal law, embracing all particular actions, is not, from the human perspective, accessible cognition directly. It is enacted in the struc-ture of the created being and - in case of human beings - in free choices taking this structure into account. In the concluding remarks, the results obtained earlier are applied directly to the contemporary conception of human rights. Human rights are understood in the first place as "just things" - concrete goods of man; as that which is due because of subordination, based on dignity, to the personal development of man. That which is just is understood as a relational - actual or potential - state of things, which exists by virtue of existing relations. Evaluations referring to that which is right are true when respective relations of due-to-recipient take place; norms of conduct are true when respective relations of obligation-of-subject take place. Examples of the application of the sketched theory outside the field of human rights are also presented. Procedural consequences of the developed theory are shown, such as the discrimination of two types of legislative procedures which differ significantly in the structure of argumentation: the first aims at recognition of that which is just independently of the will of the legislator, and the second, at making individual or collective "projects" of development compatible. Finally the possibilities of applying the theory to the increasingly important problems of the protection of the environment and the "rights" of animals are mentioned. The central issue is a philosophical conception of man and his freedom and a conception of law. It is also indispensable to turn to a general theory of being. The search for a comprehensive theory of human rights requires attention to the Abso¬lute Being - God - as well. This is important for at least two reasons. First, a conception of the Absolute Being is integral to philosophy of the systemic type -of which the present book is a piece. A conception of the Absolute Being is signifi¬cant for understanding all being, including, first of all, man as a personal being. Second, every theory of human rights which does not comprise the problem of the Absolute may be questioned as to whether solutions adopted in it do not lead, in consequence, to eliminating God from the perspective of the understanding of law. It is desirable that a philosophical theory should deal with this problem directly. A theory which eliminates God from the perspective of the understanding of rights will be unacceptable for all those who, for philosophical reasons or relying on faith, consider God as the author of inherent rights. Nevertheless, a theoretical approach to rights from the perspective of the Absolute Being should only be a possible extension of a philosophical approach which bases rights on something which is cognizable independently of the acceptance of the existence of God so that the theory is also acceptable for those who reject the existence of God or suspend their judgment on this subject. The pursued theory should therefore contain, on the one hand, reference to natural, faith-independent foundations of human rights, but on the other hand, point to a possible extension accounting for the Absolute Being. The analyses contained in this chapter have undoubtedly some historical value since they are based on source texts. Nevertheless, the use of these texts and not critical works was dictated, first of all, by a conviction that analyses embrace a given theory in the aspect selected by the interests of the researcher. Therefore to find out what past thinkers say on the subject characterized in the first part it is simpler to reach to the sources than to adopt the existing critical works. The pre¬sented reconstruction of Aquinas' views on philosophy of law incorporates proposi¬tions of supplementing and developing some of the ideas undertaken by him. Obligation to act in this and not an other way arises because human actions are subordinated to the conformity, on the one hand, of aims realized by these actions and, on the one hand, the order of being determining that which is favourable to man or destroys him. The content of the order of being is, on the one hand, determined by the structure of being independent from man's will and, on the other, by free decisions of man. (shrink)

The purpose of this essay is to examine certain problems which arise from the use of human dignity as a normative principle, problems which too often seem to be ignored in discussions of the ethical significance of this concept. At the outset, such an enterprise obviously requires a statement regarding the sense in which the term “human dignity” is to be understood in this context. In what follows “human dignity” will be taken as an (...) ethical construct in accordance with Abraham Edel’s discussion of the concept. By using the term in this sense we will avoid the danger of becoming involved in debate on such issues as the metaphysical ground of human dignity. Instead we will be able to discuss the concept of human dignity, while making minimal claims about its ontological status. Men might well disagree as to whether human dignity does in fact exist in all human beings to the same extent, but there seems to be little ground for disagreement with the thesis that human dignity is a significant ethical construct. Current discussions of substantive issues frequently refer to this notion as an ideal which must be taken into account in the attempt to bring about the existence of ethically commendable situations. Thus at the very least we must admit that this notion functions as a norm by which men attempt to judge situations and behavior. (shrink)

This paper examines how the intercultural conception of human rights, fueled by the modes of reciprocal recognition associated with Hegel’s social philosophy, draws on traditional understandings of human dignity while avoiding the essentialism associated with those understandings. Part 1 summarizes core elements of an intercultural theory of human rights while addressing the general question of how that theory accommodates an understanding of the relationship of human dignity and human rights. Part 2 presents the (...) intercultural approach as committed to a view of human dignity focused on the intrinsic worth of individuals, but understood, not—with Kant—as an anthropologically inherent property, but as one forged in relations of intersubjective recognition. Part 3, critically engaging arguments of C Beitz and J Habermas, claims that an intercultural approach entails a status-based conception of human dignity, one that construes the latter, not as a metaphysically conceived inherent quality, but as a function of membership in a social order supportive of both liberal right claims and a republican commitment to rights systems generally. Drawing on the work of Hegel and critically engaging the position of A Sangiovanni, Part 4 construes human dignity in terms of a doctrine of human rights expressive of a common humanity, one understood, however, not as an essential attribute of human beings, but in terms of a globally realized legal-political order whose members are dispositionally committed to the worth of all members of the human community and the value of human community itself. Critically appropriating the work of H Arendt for the intercultural theory, Part 5 considers the centrality of actual politics to a dignitarian account of human rights. Part 6 construes human dignity, again with Kant, in terms of the principle of autonomy, but one understood, not abstractly, but—engaging Pico della Mirandola—as the fallibilistically conceived process of social learning on the part the members of the human community. Part 7 considers how the intercultural view, with the idea of social practice expressive of collective human agency, accommodates a concept of human dignity understood as the “foundation”—nuanced and variegated—of human rights. Part 8 details the specific normativity of an intercultural conception, asserting that despite and even because of its attention to the empirical realities of social, historical, and political life, that conception remains committed, as with essentialist views, to context-transcending norms capable of calling into question actual practices and policies. Here, recourse is had to a concept of recognition understood both as a principle of evaluation and as a social practice encompassing the activity of individuals and groups engaged in the discourse on human rights. (shrink)

In response to the many changes currently going on in health care, this book offers the combined insight and wisdom of a stellar group of scholars and professionals with extensive experience in the health care field. The book opens with a look at people's actual experience of health care today, from four different perspectives. It then addresses foundational questions, including the nature of medicine, nursing, and justice. Surveyed next are the changing economics of health care as well as the (...) impact of these changes on such areas as mental health care, long-term care, health care for minorities, and legal malpractice. The closing section of the book assesses from a Christian perspective available constructive alternatives, including creative funding strategies with special attention to the needs of poor persons, physician unions, and the use of "alternative medicine" therapies. (shrink)

It has been said that human dignity is a vacuous concept that should, therefore, be dismissed as an ethical category. This article seeks to defend the concept of human dignity by suggesting, first, that the flaw in the logic of those who claim that human dignity is a vacuous concept lies in an unjustifiable reductionism that results from the hermeneutic of suspicion that such authors apply to the concept. Second, that human dignity (...) is not an either/or concept, as these authors would suggest, but rather a both/and concept in which the contradictions that they would use for its dismissal are indeed where human dignity’s value as an ethical category lies. This is achieved by applying both a hermeneutic of suspicion and a hermeneutic of generosity to a reading of Gaudium et Spes. The result is a heuristic of human dignity in which dignity is shown to be something that all human beings all already have and, at the same time, still seek to acquire through morally good behaviour. The Component Dimensions of Dignity model addresses this tension in various aspects of the human condition: existential, behavioural, cognitive, and social. In so doing it provides a heuristic tool that can serve both a descriptive and a normative function in ethical discourse, because it can help us to see not only why people may engage in a particular course of action but also the extent to which this action really meets the proviso of the social component dimension of the model, namely, that my dignity is only ever fulfilled if the dignity of all others is brought to fulfilment. (shrink)

The French molecular biologist François Jacob outlined a theory of evolution as tinkering. From a methodological point of view, his approach can be seen as a biologic specification of the relation between laws, describing coherently the dynamics of a system, and contingent boundary conditions on this dynamics. From a semiotic perspective, tinkering is a pragmatic concept well-known from the information-theoretic anthropology of Claude Lévi-Strauss. In idealized contrast to an engineer, the tinkerer has to accept the concrete restrictions on his material (...) resources as only gradually changeable constraints on his projects. Jacobian biopragmatics examines evolution as a biologic analogue to human tinkering devoid of any projecting subjectivity. To validate this analogy, four basic principles concerning main formal aspects of evolutionary objects, agents, histories, and consistency criteria are proposed. (shrink)

Currently in Japan, it is extremely difficult to realize the basic wish of protecting personal dignity at the end of life. A patient’s right to refuse life-sustaining treatment has not been substantially warranted, and advance directives have not been legally enforceable. Unfortunately, it is not until the patient is moribund that all concerned parties start to deliberate on whether or not death with dignity should be pursued. Medical intervention is often perceived as a worthwhile goal to not (...) only preserve life, but also provide psychological benefit to the family, regardless of its effect on the patient. To feel they are doing something, family members tend to act against the imperative “Do not inflict on others what you would not wish done to you,” and permit extraordinary measures they would not want themselves. Another complication in Japanese culture is the necessity of unanimous decisions for end-of-life care. If there is conflict between a patient and his/her family on accepting medical intervention, the view of the latter is more likely to prevail due to different perceptions of human dignity. As a result, incapacitated patients in Japanese clinical settings often suffer through extraneous medical procedures, particularly during end-of-life care. Patient dignity is in danger from a national refusal to accept major bioethical principles such as having respect for patient autonomy, serving the best interests of the patient, doing no harm, and ensuring fairness at the end of life. We argue that more education about human dignity and legislation for death with dignity are necessary. Peace of mind for patients during end-of-life care will never be achieved in this society unless drastic changes take place in medical ethics and law. (shrink)

This book by Roberto Esposito - a leading Italian political philosopher - is a highly original exploration of the relationship between human bodies and societies. The original function of law, even before it was codified, was to preserve peaceful cohabitation between people who were exposed to the risk of destructive conflict. Just as the human body's immune system protects the organism from deadly incursions by viruses and other threats, law also ensures the survival of the community in a (...) life-threatening situation. It protects and prolongs life. But the function of law as a form of immunization points to a more disturbing consideration. Like the individual body, the collective body can be immunized from the perceived danger only by allowing a little of what threatens it to enter its protective boundaries. This means that in order to escape the clutches of death, life is forced to incorporate within itself the lethal principle. Starting from this reflection on the nature of immunization, Esposito offers a wide-ranging analysis of contemporary biopolitics. Never more than at present has the demand for immunization come to characterize all aspects of our existence. The more we feel at risk of being infiltrated and infected by foreign elements, the more the life of the individual and society closes off within its protective boundaries, forcing us to choose between a self-destructive outcome and a more radical alternative based on a new conception of community. (shrink)

In the debates concerning the ethics of human enhancement through biological or technological modifications, there have been several appeals to the concept of human dignity, both by those favouring such enhancement and by those opposing it. The result is the phenomenon of ‘dignity talk', where opposing sides both appeal to the concept of human dignity to ground their arguments resulting in a moral impasse. This article examines the use of the concept of human (...) dignity in the enhancement debates and reveals that the problem of dignity talk arises because proponents of various positions tend to ground human dignity in different features of the human individual. These features include species-membership, possession of a particular capacity, a sense of self-worth, and moral behaviour. The article proposes a solution to this problem by appealing to another feature of human beings, namely their being-in-relationship-over-time. Doing so enables us to understand dignity as a concept that affirms the worth of human individuals as complex, multidimensional wholes, rather than as isolated features. Consequently, the concept of human dignity can serve both a descriptive and a normative function in the enhancement debates. At a descriptive level, asking what advocates of a position mean when they refer to human dignity will reveal what aspects of being human they deem to be most valuable. The debate can then focus on these values. The normative function, although it cannot proscribe or prescribe all enhancement, approves only those enhancements that contribute to the flourishing of human individuals as multidimensional wholes. (shrink)

Humankind is stardust, born of the evolution of life on Earth as part of the evolution of the universe. He is called to particular responsibility for all living beings and of creation itself. The article discusses whether and how, in the perspective of a theological ecocentrism, the dignity and rights of non-human beings are to be anchored in order to live according to this responsibility. The aim is to develop an ethic of self-limitation that is prepared to grant (...) rights to non-human beings, which, however, can only be demanded by humans through advocacy. Some aspects are substantiated with a view to the Earth and beyond for the cosmos. The protection of the rain forests and oceans as well as the lower Earth orbit are mentioned as examples of an ethic of self-limitation. The spheres of the cosmos are also to be considered. It is about developing reverence for the cosmos as an expression of responsibility for creation. Contribution: The article discusses in how far in a theological ecocentrism the dignity and rights of non-human beings are to be anchored. It argues for a reverence for the cosmos as an expression of responsibility for creation, as humankind is stardust, born of the evolution of life on Earth as part of the evolution of the universe. (shrink)

In Gaudium et Spes and Dignitatis Humanae the Second Vatican Council not only presents the dignity of the human person as the parting point for its moral teaching but also grounds human dignity in natural teleology. Natural teleology is the view that the good of any thing corresponds to, and so can be discerned from, the ends to which it is directed by its nature, both that end which is proper to it and those ends that (...) it has as part of a wider order. As official Church teachings, these documents refrain from providing a philosophical justification of their account of human dignity. The existence of natural teleology, however, is generally contested in modern philosophy. For this reason, grounding human dignity in natural teleology constitutes a questionable approach to the issue. Of all major Catholic theologians, Thomas Aquinas is arguably the one who provides the most developed philosophical resources for articulating these views on natural teleology and its connection with human dignity. This paper examines and assesses the way in which he grounds human dignity in natural teleology. In his view, we see that human beings are the principle part of the universe and that the other parts of the universe are ordered towards the good of human beings. After surveying his general justification of how a thing is ordered to particular ends in virtue of its nature, the paper considers his explanation of how each part of the universe assumes further ends within the universe as a whole, and his main set of arguments on how we perceive human dignity against the backdrop of the natural teleology of the universe. (shrink)

The aim of the present paper is to reinforce some of the affirmations made by Vera Lucia Raposo in a recent paper published by the Journal of Bioethical Inquiry. According to her, germline gene editing does not violate human dignity at all. This article offers some complementary ideas supporting her statement. In particular, four main arguments are stressed. Firstly, not only is the idea of human dignity unclear, but the idea of the human genome (...) suffers from a general lack of concreteness, which has dramatic consequences for the debate. Secondly, it is highlighted that if we believe that the immutability of the human genome underpins human dignity, then it should be our duty to use the tools of genetic modification to reverse any accidental changes that occur in nature. Thirdly, it is showed that if the alteration of germline constitutes an attack on human dignity, then we should also refrain from performing medical practices such as chemotherapy, which cause precisely this effect. Finally, we argue that modification of germline is not contrary to human dignity but an excellent expression of our autonomy. (shrink)

The concept of human dignity plays an important role in the public discussion about ethical questions concerning modern medicine and biology. At the same time, there is a widespread skepticism about the possibility to determine the content and the claims of human dignity. The article goes back to Kantian Moral Philosophy, in order to show that human dignity has in fact a determinable content not as a norm in itself, but as the principle and (...) ground of human rights and any deontological norms in biomedical ethics. When it comes to defining the scope of human dignity, i.e., the question which entities are protected by human dignity, Kant clearly can be found on the “pro life”-side of the controversy. This, however, is the result of some specific implications of Kant’s transcendental approach that may be put into question. (shrink)

The aim of this article is to investigate the problem how and to what extent human rights affect the relationships between private parties and what consequences this effect has for the development of private law in Lithuania and other European countries. Because Lithuanian legal doctrine lacks relevant research on this subject-matter, the author seeks to start and invoke the beginning of conceptual academic discourse on the matter. It is argued that despite the fact that in many countries the impact (...) (whether direct or indirect) of human rights on private law has recently become a powerful means of developing the law, the application of human rights in private law has not only its positive side but it also invokes very serious problems to be solved and raises conceptual questions that should be answered. Thus, in order to ensure stable, reliable and respectable development of influence of human rights on private law as a beneficial tool to protect human rights in certain cases, there is a need for continuous, complex and multi-level academic conceptual comparative studies of the issue in order to answer how to reconcile the constitutionalisation of private law with the principles of legal certainty and proportionality and what are the criteria for the limits of the effect of human rights on private law in order to ensure a fair balance, protect stability and predictability in law. (shrink)

Purpose. The purpose of this paper is to investigate the anthropological and socio-philosophical dimensions of human existence of the older age group given the challenges of pandemic threats caused by COVID-19. To this end, it is planned to solve a number of tasks, among which one should distinguish the following: 1) to investigate the manifestations of age discrimination in the context of the social and labor areas of human existence; 2) to focus on the asymmetry of the behavior (...) of society and the state relative to persons of the older age group in the field of healthcare in the context of a pandemic crisis; 3) to represent the anthropological features of changes in the socialization and activity of older people under the current conditions of globalization-pandemic challenges. Theoretical basis. Despite such a broad representation of the age-related issue in public relations, there are still no practical guarantees that would apply to discriminatory aspects of older age groups in various areas of their manifestation. The synergistic evolution of social reality requires substantive analysis of the issue under the current conditions for the transformation of social life, which is affected by globalization crises caused by the pandemic threats of COVID-19. Originality. The stereotypical assumptions underlying legal policy and established social relations are based solely on the application of chronological age. The novelty is in justifying an individual approach to the elderly through the personification of the personal characteristics of a person. The study of anthropological and socio-philosophical dimensions of the existence of a person of the older age group in the face of the challenges of pandemic threats caused by COVID-19 has made it possible to analyze the destructive nature of age discrimination in the context of the social and labor areas of human existence. As well as focus on the asymmetry of the behavior of society and the state in relation to these persons in the field of health care, and emphasize the anthropological features of changes in the socialization and human activity under the current conditions of globalization-pandemic challenges. Conclusions. External threats to human existence call for special attention to the implementation and protection of human rights, freedoms, individual freedoms, and identity. Pandemic threats have transformed all dimensions of human existence, especially for those groups of society that are less socially protected. The pandemic crisis has created additional grounds for discrimination against older people in various areas of human existence. Equalization of persons by age without personifying the personal characteristics of an individual is discrimination on an age basis, which violates the principles of democracy and humanism in the society, leads to stigmatization of the person, is the cause of the anthropological crisis of a person. (shrink)

"This is a strong and sophisticated treatment of Martin Luther King, Jr., that makes an important contribution. It reflects Burrow's immense knowledge of personalist philosophy and the thought of King." —Gary Dorrien, Reinhold Niebuhr Chair of Social Ethics, Union Theological Seminary "This scholarly, courageous, insightful work, which fuses so successfully King's academic career with his heritage from the Black Church, is a much needed addition to Martin Luther King studies and breaks new ground for all of us who pursue truth (...) of the 'whole' King. No book more clearly illustrates how pervasive an influence the philosophy of personalism was on King's life and thought. It is an obligatory read." —Ira G. Zepp, Jr., Professor Emeritus, McDaniel College Although countless books have been devoted to the life and work of Martin Luther King, Jr., few, if any, have focused on King's appropriation of, and contribution to, the intellectual tradition of personalism. Burrow argues that King's adoption of personalism represented the fusion of his black Christian faith and his commitment not only to the social gospel of Walter Rauschenbusch, but most especially to the social gospel practiced by his grandfather, his father, and black preacher-scholars at Morehouse College. Burrow devotes much-needed attention both to King's conviction that the universe is value-infused and to the implications of this ideology for King's views on human dignity and his concept of the "Beloved Community." Burrow also sheds light on King’s doctrine of God. He contends that King's view of God has been uncritically and erroneously relegated by black liberation theologians to the general category of "theistic absolutism" and he offers corrections to what he believes are misinterpretations of this and other aspects of King’s thought. He concludes with an application of King’s personalism to present-day social problems, particularly as they pertain to violence in the black community. (shrink)