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)

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)

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)

An exposition of human dignity as the foundation of moral order. From this starting point, the author derives the most important precepts of natural law from human dignity in a systematic way. Using the principle of human dignity, the author then develops natural law precepts to guide human behavior in various areas of life corresponding to the natural inclinations: life issues, sexual issues, political issues, and the contemplative life.

This article considers the connection between Milton's republicanism and his use of natural rights language. Based on Milton's understanding of man's dignity, it claims that natural rights and civic virtue are articulated consistently. Inextricably linked to his being created free, the dignity of man is central both in the description of the birth of political society and in the defence of the inalienable right to liberty against tyrannical government. Thus, while not an end in itself, civic virtue nevertheless (...) has an irreducible moral value, for being a virtuous citizen means first of all exercising one's own freedom in a way that complies with the natural dignity of man. (shrink)

In the past few decades, political theorists have attempted to articulate a nontheological basis for a special human place in the moral universe. These attempts, I argue, generally fall into two groups, one centered around the concept of “dignity” and the other around ideas of “difference.” Both of these attempts ultimately fail, I maintain, but their failures are instructive and help us along a path toward a better kind of relationship with nature and the earth as well as (...) one another. In the face of increased scientific knowledge about the environment, animals, and our own species, we have every reason to recalibrate our stance toward nature as a whole. But in doing so we must acknowledge that the human relationship with nature is ultimately a representative one that can therefore never achieve the kind of reciprocity available in human society. Whatever form our respect for nature takes, it will always be distinct from the relationships we have with those we consider co-citizens. (shrink)

This article aims to deconstruct the concept of dignity in a way that is meaningful, in particular to nurses and other health workers who seek to promote the dignity of children in their care. Despite the emphasis in a variety of codes and policies to promote dignity, there is a lack of a clear definition of dignity in the literature. In particular there is little reference to dignity, theoretically or empirically, as it relates to children. (...) Without clarity it is not possible to act in an ethical way on behalf of children whose dignity could otherwise be compromised. The theoretical position taken has evolved from the medico-nursing and philosophical discourse concerning the nature of human dignity and more recent sociological texts that discuss the social construction of the child and childhood. The article is further influenced by additional insights derived from an ethnographic pilot study at a large district general hospital. This study was undertaken in an attempt to appreciate the subjective experience of dignity by children, and to begin to address the empirical gap in the literature and promote discussion. The concept of a macro and a micro dignity is discussed, together with the role of the nurse in articulating the relationship between the two. The importance of control and witnesses in the experience of dignity is discussed and, finally, also the ethical implications when seeking to promote the dignity of children. (shrink)

The purpose of this book is to present some of the critical moral issues that confront contemporary society and to evaluate them in the light of ethical principles aiming to preserve and enhance the dignity of human life. The volume opens with a discussion of the nature and implications of conjugal love, the purpose of domestic society, and the role of sex in marriage, where the author relies heavily on Dietrich von Hildebrand "whose writings for half a century (...) have given us so many invaluable insights into these areas of knowledge". Marriage problems involving impotency, homosexuality, hermaphroditism, and transsexualism are considered and a lengthy section is devoted to the comparatively new field of genetic engineering. Here the author discusses the moral implications of such issues as the process of cloning, sperm and ovary banks, test-tube babies, amniocentesis, artificial insemination, genetic screening, and genetic therapy, each issue being treated with cautious reserve. Following a chapter on family planning, where natural and artificial means of birth control are analyzed, the author approaches the complex topic of abortion, which he sets against the background of the latest biological data and the 1973 U.S. Supreme Court’s decree legalizing abortion. (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)

"Many of today's moral conflicts concerning family values and medical ethics have their basis in different conceptions of man and the nature and purpose of human life. Fr Bristow argues that contemporary utilitarianism and the various forms of permissive morality are insufficient for dealing with these matters and that only a natural law morality is adequate to the needs and dignity of the human person. He goes on to apply its principles to the issues that derive from advancing (...) technology, such as genetic engineering, in vitrio fertilization, embryo research, drugs and painkillers and ecology."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved. (shrink)

This collection of essays, presented to William Humbert Kane, O.P., founder of the Albertus Magnus Lyceum, has as its principle of unification the notion that the metaphysics and philosophy of nature of Aristotle, Albertus Magnus, and Thomas Aquinas relate directly and importantly--and more than historically--to modern science in all of its aspects. The general reader will probably find that several of the articles illumine for him aspects of the Aristotelian philosophy as much as they do aspects of modern science.--K. (...) P. F. (shrink)

We argue that all human beings have a special type of dignity which is the basis for (1) the obligation all of us have not to kill them, (2) the obligation to take their well-being into account when we act, and (3) even the obligation to treat them as we would have them treat us, and indeed, that all human beings are equal in fundamental dignity. We give reasons to oppose the position that only some human beings, because (...) of their possession of certain characteristics in addition to their humanity (for example, an immediately exercisable capacity for self-consciousness, or for rational deliberation), have full moral worth. What distinguishes human beings from other animals, what makes human beings persons rather than things, is their rational nature, and human beings are rational creatures by virtue of possessing natural capacities for conceptual thought, deliberation, and free choice, that is, the natural capacity to shape their own lives. (shrink)

Leadership inadequacy in Nigeria has contributed to the rise in corruption, which has undermined human dignity through insufficient provision of basic human needs. This happens because the leadership venerates self-interest to such an extent that enhancing human wellbeing is not considered important. To save Nigerians from this dilemma, this article calls for a new leadership ethics called ‘responsible leadership’, whose precepts protect and enhance human dignity and enforce adherence to the rule of law to curb the spread of (...) corruption. This was carried out by surveying the present system of governance with its failures and how it has contributed to human dignity violations. It was found that poor leadership was responsible for the continuous spread of corruption and exposure of human dignity to violations through porous and inadequate provisions of basic human needs. However, this study concluded that new leadership ethics, which are inclusive and integrative, would appreciate and recognise the intrinsic worth of every human being, take its people from their present position to where they should be, and would reduce violation of human dignity purported through corruption.Contribution: The article argued for a new ethos of leadership that is responsible in nature, encompassing, and intentionally people-centred, which takes people from where they are to where they ought to be. It fits into the scope of the journal by way of inter-connecting different topics to produce a unifying idea. (shrink)

The Nature of Dignity argues that, given what evolutionary biology tells us about human nature, we need a new understanding of what is involved in the exhibition of personal dignity, since Kant and other Enlightenment figures whose ideas of dignity have shaped our own were wrong in several of their key assumptions. The required new conception of dignity is then developed on the basis of insights gleaned from history, political-economics, literature, film, hermeneutical ethics, and (...) evolutionary biology. (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)

Abstract. We argue that all human beings have a special type of dignity which is the basis for (1) the obligation all of us have not to kill them, (2) the obligation to take their well-being into account when we act, and (3) even the obligation to treat them as we would have them treat us, and indeed, that all human beings are equal in fundamental dignity. We give reasons to oppose the position that only some human beings, (...) because of their possession of certain characteristics in addition to their humanity (for example, an immediately exercisable capacity for self-consciousness, or for rational deliberation), have full moral worth. What distinguishes human beings from other animals, what makes human beings persons rather than things, is their rational nature, and human beings are rational creatures by virtue of possessing natural capacities for conceptual thought, deliberation, and free choice, that is, the natural capacity to shape their own lives. (shrink)

This Handbook provides an intellectually rigorous and accessible overview of the relationship between natural law and human rights. It fills a crucial gap in the literature with leading scholarship on the importance of natural law as a philosophical foundation for human rights and its significance for contemporary debates. The themes covered include: the role of natural law thought in the history of human rights; human rights scepticism; the different notions of 'subjective right'; the various foundations for human rights within natural (...) law ethics; the relationship between natural law and human rights in religious traditions; the idea of human dignity; the relation between human rights, political community and law; human rights interpretation; and tensions between human rights law and natural law ethics. This Handbook is an ideal introduction to natural law perspectives on human rights, while also offering a concise summary of scholarly developments in the field. (shrink)

This paper argues that the concept of dignity should be understood as a concept that we use to describe an aggregate of values and qualities of a person or thing that deserves esteem and respect. The primary value that creates the right to have dignity is life. The degree of dignity a life form has depends on its place in the evolutionary scale. Human beings are the highest form of life so they possess the highest degree of (...) dignity. (shrink)

It seems a generally acknowledged view that physics is confined to the investigation of events that can be reproduced. “The natural scientist — says Pauli1 — is concerned with a particular kind of phenomena … he has to confine himself to that which is reproducible… I do not claim that the reproducible by itself is more important than the unique. But I do claim that the unique exceeds the treatment by scientific method. Indeed it is the aim of this method (...) to find and to test natural laws…” Here for Pauli as for everybody else a natural law is a statement expressing a regularity more or less directly related to repeatable events. And one may add that it is not only the possibility of testing that is responsible for our demand of reproducibility. Rather it is the very fact of regularity expressed in it that gives a natural law its dignity and makes it a subject worth studying on its own account. (shrink)

In this work I search for elements that contribute to the development of the ethical dimension of environmental education. I start with the existence of what C.A. Bowers calls “areas of silence” in the curriculum in both schools and universities. The reason for this silence, I argue, is to be found in the Cartesian conceptual structures of curricula. I suggest that the works of Bacon, Galileo and Descartes provoke a twofold process that I have termed the forgetting of tradition and (...) objectification of nature. As a corrective to this process, I explore the possibilities that the philosophical hermeneutics of Hans-Georg Gadamer opens for rehabilitation of tradition and de-objectification of nature. I work with the concept of the “dignity of things” present in Greek dialectics: that nature is not simply a projection of mind (as the neo-Kantians claim), but something that thought suffers. In my conclusions I argue that for nature to be reinserted into almost all areas of knowledge it is necessary that we respect “the otherness of nature.”. (shrink)

The Oration on the Dignity of Man makes a claim, characteristic for the Renaissance, that the dignity of man, the real “excellency of human nature,” is not present in any specific human quality or ability. Neither is it present in the role of the human soul as the “tie of the world”, as Marsilio Ficino has taught. Even higher than this eminent human role in the world is the freedom of man to choose his role and task (...) himself. At the same time, Pico believes that Man was created as the image of God, in the sense that no man is determined in advance: human free will reflects God’s free will in creation. From the point of view of the mainstream modern dualism, this is a paradox, even a contradiction. This paper argues the opposite: that the human free will is even nowadays, not less than in the Renaissance period, compatible with the belief in God. However, this is only the case if God does not command anything, if God does not demand anything – except love. Violence and killing are eo ipso prohibited, especially in the name of faith. Therefore, freedom and faith are perfectly compatible. Even more, modern humans are fatally unfree either in the secular “radicalization” of faith or in the atheistic secularization of the world. Unfree due to their existence, enslaved by the Angst of “mere nothing.”. (shrink)

This book represents a unique attempt to reconcile the traditional oppositions of the natural law and social utopian traditions, providing basic insights into the meaning of human rights in a socialist society.

Ernst Bloch, one of the most original and influential of contemporary European thinkers and a founder of the Frankfurt School, has left his mark on a range of fields from philosophy and social theory to aesthetics and theology. Natural Law and Human Dignity, the first of his major works to appear in English is unique in its attempt to get beyond the usual oppositions between the natural law and social utopian traditions, providing basic insights on the question of human (...) rights in a socialist society. Natural Law and Human Dignity is a sweeping yet synthetic work that critically reviews the great legal philosophies, from Plato to the present, in order to uncover and clarify the normative features of true socialism. Along the way it offers thoughtful reflections on topics as diverse as the abolition of poverty and degradation, the nature of the state, and the installation of freedom and dignity.Taking the idea of natural law as his guiding thread, Bloch argues that revolution and right, rather than being antagonistic, are fundamentally interconnected. With their emphasis on human dignity, the traditions of natural law have an irreplaceable contribution to make to the socialist vision of a more humane society. In his effort to wed the demands of law and right to the agenda of social revolution, Bloch offers a radical restructuring of our understanding of the social world. This rethinking of the fundamental principles of political philosophy is the product of a long personal and philosophical odyssey. Bloch lived as a writer in Munich, Bern, and Berlin until he was forced to emigrate to Czechoslovakia and then to the United States during World War 11. After the war he returned to East Germany, where he held a chair in philosophy at the University of Leipzig. He emigrated to the west as the Berlin Wall was being built, and he taught at the University of Tübingen until his death. Natural Law and Human Dignity is included in the series Studies in Contemporary German Social Thought, edited by Thomas McCarthy. (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)

Most scholars describe Kant’s idea of dignity as what I term his “vertical” account—that is, our human dignity insofar as we rise above heteronomous natural inclinations and realize human freedom by obeying the moral law. In this paper, I attempt to supplement this traditional view by exploring Kant’s neglected “horizontal” account of dignity—that is, our human dignity insofar as we exist in relationship with others. First, I examine the negative aspect of this horizontal account of (...) class='Hi'>dignity, found in Kant’s discussion of public heteronomy perpetuated by unjust social institutions. Second, I explore Kant’s idea of public dignity realized via social interaction: both (1) at the interpersonal level of education and friendship, and (2) at the societal level, in terms of moral education in the public sphere and a communal moral striving towards the highest good. I argue that we cannot realize our full human dignity for Kant outside of the context of concrete social relations with other moral agents. (shrink)

"Human dignity" has been enshrined in international agreements and national constitutions as a fundamental human right. The World Medical Association calls on physicians to respect human dignity and to discharge their duties with dignity. And yet human dignity is a term--like love, hope, and justice--that is intuitively grasped but never clearly defined. Some ethicists and bioethicists dismiss it; other thinkers point to its use in the service of particular ideologies. In this book, Michael Barilan offers an (...) urgently needed, nonideological, and thorough conceptual clarification of human dignity and human rights, relating these ideas to current issues in ethics, law, and bioethics. Combining social history, history of ideas, moral theology, applied ethics, and political theory, Barilan tells the story of human dignity as a background moral ethos to human rights. After setting the problem in its scholarly context, he offers a hermeneutics of the formative texts on Imago Dei; provides a philosophical explication of the value of human dignity and of vulnerability; presents a comprehensive theory of human rights from a natural, humanist perspective; explores issues of moral status; and examines the value of responsibility as a link between virtue ethics and human dignity and rights. Barilan accompanies his theoretical claim with numerous practical illustrations, linking his theory to such issues in bioethics as end-of-life care, cloning, abortion, torture, treatment of the mentally incapacitated, the right to health care, the human organ market, disability and notions of difference, and privacy, highlighting many relevant legal aspects in constitutional and humanitarian law. (shrink)

This article argues that observing natural laws is crucial for preserving peace in nations across the world. Traditional natural law theories are, however, flawed and outdated. To truly modernize natural law, we propose a new concept, “political natural law” (PNL), which has the capacity of curing these flaws. We then substantiate the PNL s from the result of analyzing the institutional causes of civil wars since 1800, and link them to human dignity. Drawing partly on the Confucian scholarship on (...) natural law and human dignity, we argue that the mutual respect of human dignity is essential to building and sustaining global peace. (shrink)

"Human dignity" has been enshrined in international agreements and national constitutions as a fundamental human right. The World Medical Association calls on physicians to respect human dignity and to discharge their duties with dignity. And yet human dignity is a term--like love, hope, and justice--that is intuitively grasped but never clearly defined. Some ethicists and bioethicists dismiss it; other thinkers point to its use in the service of particular ideologies. In this book, Michael Barilan offers an (...) urgently needed, nonideological, and thorough conceptual clarification of human dignity and human rights, relating these ideas to current issues in ethics, law, and bioethics. Combining social history, history of ideas, moral theology, applied ethics, and political theory, Barilan tells the story of human dignity as a background moral ethos to human rights. After setting the problem in its scholarly context, he offers a hermeneutics of the formative texts on Imago Dei; provides a philosophical explication of the value of human dignity and of vulnerability; presents a comprehensive theory of human rights from a natural, humanist perspective; explores issues of moral status; and examines the value of responsibility as a link between virtue ethics and human dignity and rights. Barilan accompanies his theoretical claim with numerous practical illustrations, linking his theory to such issues in bioethics as end-of-life care, cloning, abortion, torture, treatment of the mentally incapacitated, the right to health care, the human organ market, disability and notions of difference, and privacy, highlighting many relevant legal aspects in constitutional and humanitarian law. (shrink)