Abstract

The article compares the key elements of the so called Identity Theory of Human Dignity with the conception of Johann Gottlieb Fichte’s foundation of the legal relationship. The main difference is that the identity theory does not claim to be able to reconstruct the legal concept of human dignity completely on the basis of a transcendental argumentation. Instead it uses empirical arguments. Another difference refers to the distinction between values and norms that is not sufficiently clarified in Fichte.