There appears to be a tension between two commitments in liberalism. The first is that citizens, as rational agents possessing dignity, are owed a justification for principles of justice. The second is that members of society who do not meet the requirements of rational agency are owed justice. These notions conflict because the first commitment is often expressed through the device of the social contract, which seems to confine the scope of justice to rational agents. So, contractarianism seems (...) to ignore the justice claims of the severely cognitively impaired. To solve this problem, Martha Nussbaum proposes the capabilities approach. The justifiability condition, on this approach, is met by the idea of overlapping consensus. This essay argues that overlapping consensus cannot meet liberalism’s justifiability condition, nor is it more inclusive of the cognitively impaired. Therefore, we have reason to retain the contract device and look for another way to ensure that liberalism respects the justice claims of all. (shrink)

This chapter contains sections titled: Justifying the Capabilities Approach Justification and the Value of Rational Agency Conclusion Acknowledgments References.

There appears to be a tension between two commitments in liberalism. The first is that citizens, as rational agents possessing dignity, are owed a justification for principles of justice. The second is that members of society who do not meet the requirements of rational agency are owed justice. These notions conflict because the first commitment is often expressed through the device of the social contract, which seems to confine the scope of justice to rational agents. So, contractarianism seems (...) to ignore the justice claims of the severely cognitively impaired. To solve this problem, Martha Nussbaum proposes the capabilities approach. The justifiability condition, on this approach, is met by the idea of overlapping consensus. This essay argues that overlapping consensus cannot meet liberalism’s justifiability condition, nor is it more inclusive of the cognitively impaired. Therefore, we have reason to retain the contract device and look for another way to ensure that liberalism respects the justice claims of all. (shrink)

This paper explores the connections between human rights, human dignity, and power. The idea of human dignity is omnipresent in human rights discourse, but its meaning and point is not always clear. It is standardly used in two ways, to refer to a normative status of persons that makes their treatment in terms of human rights a proper response, and a social condition of persons in which their human rights are fulfilled. This (...) paper pursues three tasks. First, it provides an analysis of the content and an interpretation of the role of the idea of human dignity in current human rights discourse. The interpretation includes a pluralist view of human interests and dignity that avoids a narrow focus on rational agency. Second, this paper characterizes the two aspects of human dignity in terms of capabilities. Certain general human capabilities are among the facts that ground status-dignity, and the presence of certain more specific capabilities constitutes condition-dignity. Finally, this paper explores how the pursuit of human rights and human dignity links to distributions and uses of power. Since capabilities are a form of power, and human rights are in part aimed at respecting and promoting capabilities, human rights involve empowerment. Exploring the connections between human rights, capabilities, and empowerment provides resources to defend controversial human rights such as the right to democratic political participation, and to respond to worries about the feasibility of their fulfillment. This paper also argues that empowerment must be coupled with solidaristic concern in order to respond to unavoidable facts of social dependency and vulnerability. (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)

In the Groundwork, Kant seems to make two paradoxical claims about the source of human dignity. First, he claims that if “rational nature exists as an end in itself” (Kant, 1998, p. 36), it is because “humanity is… dignity, insofar it is capable of morality” (Kant, 1998, p. 42). Second, he claims that although “autonomy is the ground of the dignity of human nature and of every rational nature” (Kant, 1998, p. 43), the human (...) being can only have “dignity… insofar he fulfils all his duties” (Kant, 1998, p. 46). This paper argues that neither claim is repugnant because Kant seeks to advance two kinds of dignity. Kant intends to elucidate that the human being possesses a basic ‘entitled dignity’ in virtue of his capacity for morality, but that he needs to become a moral being in order for him to realise his ‘true dignity’. This paper claims that the formal condition under which a person can be worthy of respect is identical with the condition of realising his ‘true dignity’. (shrink)

In this critique, Martha Nussbaum argues that our dominant theories of development have given us policies that ignore our most basic human needs for dignity and self-respect.

Dignity is an important concept in ethics. Human rights organizations justify rights by appealing to human dignity. Prominent politicians have cited the need to protect human dignity and urged the founding of international institutions. The concept of human dignity is often used to evaluate and critique the ethics of select practices. In addition, the idea of dignity is used as a universal principle to ground universalist business ethics.This paper argues that there (...) are substantial differences between the ways in which the West and China construe human dignity. Having documented these major differences, we consider two cases to show how the differences might “cash out” in actual business practice. Instead of relying upon a nonexistent universal concept of human dignity, we suggest that it is respectful and sound to seek to identify the many goods (teamwork, initiative, autonomy, respect for elders) that differing parties see at play in the case at hand and then to try to come up with ways to realize as many of these goods as possible. (shrink)

How can humanist principles of respect, dignity, and care inform and improve design for non-human lifeforms? This paper uses ageing and dying urban trees to understand how architectural, urban, and landscape design respond to nonhuman concerns. It draws on research in plant sciences, environmental history, ethics, environmental management, and urban design to ask: how can more-than-human ethics improve multispecies cohabitation in urban forests? The paper hypothesises that concepts of dignity and respect can underline the capabilities (...) of nonhuman lifeforms and lead to improved designs for multispecies cohabitation. To investigate the implications of this ethical framework, we 1) indicate injustices of current management in relation to natural and cultural histories of trees; 2) outline a conceptual framework that includes large old trees as stakeholders in urban communities; and 3) use this framework in a thought experiment with urban trees in Melbourne, outlining comparative design outcomes. Our findings show that the expansion of dignity to include nonhuman life is possible and plausible. Such an extension can justify and encourage design innovation for multiple species and sites. The resulting design practices will lead to improvements by supporting communities of trees at all stages of their life-cycles, including old age, death, and rebirth. This approach requires substantial shifts in accepted thinking and practices including history, ethics, aesthetics, regulation, and education. Design can play a significant role in the necessary transitions by demonstrating tangible and positive outcomes. In this context, history emerges as an essential tool that can extend societal imagination by situating possible future places in the context of ancient and ongoing geological, evolutionary, ecological, and cultural processes. (shrink)

Concerns about fake news, corrupt governments, and fragile economies are driving distrust across the globe along with increasing class divisions. These are the findings of the 2023 Edelman Trust Ba...

In this paper, I analyse Martha Nussbaum?s view of how we should treat non-human animals, which she links to her capabilities approach. This approach offers a conception of justice or, as Nussbaum puts it, a collection of fundamental rights that specify some of the necessary elements for a just society. In addition to justice for human beings, this approach includes animal rights. The basis for the discussion consists of two elements that justify the claim that every animal (...) deserves to live a life that is characteristic of a member of its species. The first element is dignity, and the second is sympathetic imagination. The intention of Nussbaum?s approach is to represent an improvement on the social contract tradition, by offering a more encompassing theory of justice. In her view, the capabilities approach, contrary to the theories of social contract, has principled resources that allow it to include, among else, non-human-animals in the domain of justice. However, the contribution of my paper consists in showing the problems I observe in Nussbaum?s theory. These problems are related to the insufficient definition of basic concepts and to the fact that in Nussbaum?s theory, non-human animals remain, across various situations, only a means of serving human needs. The consequence is that non-human animals are not included in the domain of justice which, after all, is Nussbaum?s fundamental ambition. (shrink)

ExcerptThe reasons why individual nations and even individual people subscribe to notions of human rights vary enormously. Rationales range from idealism to realpolitik and sound in competing registers of theology, social contract, nature, utility, and game theory.1 Pervasive in discussions of human rights is the dignity of each person as both a reality and a normative guide. Capacious and ambiguous, this notion of dignity may invite agreement precisely because different people project different meanings onto it. (...) Its recognition, though, can inspire attitudes of respect and civility even when we disagree. Dignity thus serves less as a foundation and more as a lodestar, an aspiration. Justice Thurgood Marshall once explained, “A child born to a [B]lack mother in a state like Mississippi… has exactly the same rights as a white baby born to the wealthiest person in the United States. It’s not true, but I challenge anyone to say it is not a goal worth working for.”2. (shrink)

The paper deals with the question of whether poverty as such violates the dignity of persons. It is argued that it does. This is, it is argued, not due to a lack of basic goods, nor to the fact that poverty prevents persons from enjoying the rights they have, particularly the right to bodily integrity. Poverty does violate dignity, so it is argued, insofar as poor people are dependent on others in a degrading way.

This paper explores the value of respect for personal autonomy in relation to clearly immoral and irrational acts committed freely and intentionally by competent people. Following Berlin's distinction between two kinds of liberty and Darwall's two kinds of respect, it is argued that coercive suppression of nonautonomous, irrational, and self-harming acts of competent persons is offensive to their human dignity, but not disrespectful of personal autonomy. Irrational and immoral choices made by competent people may claim only the negative (...) liberty to be left alone. Lives disposed to autonomy are worthy of solidarity and active support in addition to the right of free choice and action. Autonomous premeditated desires (distinguished from mere consent) may embody transcendental choices, which transcend consideration of physical and psychological well-being. Choices made by incompetent persons (e.g., children and the mentally disabled) are not related to autonomy, but to self-directedness. The value of human dignity confers protection to self-directedness, but not at the expense of other vital interests. (shrink)

Although it does not appear on many traditional lists of the virtues, respect for human dignity is an important virtue in its own right that is characterized as much by emotions as by other mental states and actions. The virtue of respect for human dignity essentially involves the dispositions to feel the emotion of respect for the dignity of others and an emotional sense of one’s own dignity. As exemplified by Nelson Mandela, this virtue (...) also involves a keen perceptual sensitivity to humiliating and degrading treatment, along with dispositions to protest, correct, and prevent such treatment. The person with the virtue of respect for human dignity also will be disposed to feel indignation toward willful violations of human dignity, compassion for those whose dignity is violated, and various positive emotions in response to victories for human dignity. Although this virtue closely resembles other, more widely recognized, virtues, such as justice and love, it nevertheless is appropriate to treat respect for human dignity as a distinct virtue, as well as an emotion. (shrink)

ObjectiveDignified care protects the patient’s rights and provides appropriate ethical care while improving the quality of nursing care. In this context, the opinions of nurses and patients who receive nursing care about dignified care are important. The aim of this study was to explore the opinions and experiences of Turkish patients and nurses about respectful care of human dignity.MethodsThis descriptive cross-sectional study was conducted in Turkey. Participants were inpatients at cardiology, neurology and neurosurgery clinics and nurses working in (...) these clinics. The data for the study were collected from face-to-face interviews using questionnaires. The percentages of characteristics and preferences of the participants were calculated, and the results were analysed using statistical tests.ResultsA total of 150 patients and 78 nurses participated in the study. The patients stated that the protection of their rights was the most important factor for dignified nursing care. The nurses stated that being careful to not expose the patients’ body and being respectful of the patients’ privacy were important in dignified nursing care. The age of the patient, duration of the disease, number of hospitalisations and length of time the nurses had been working at the clinic caused significant changes in the factors considered important in dignified care.ConclusionsOur findings provide a perspective on dignified care in the Turkish healthcare setting. There were some differences between patients and nurses in the factors considered important for dignified care. The discussion with patients and nurses related to care and practices that protect or detract from human dignity can provide insights to ethics. (shrink)

People with cognitive disabilities are equal citizens, and law ought to show respect for them as full equals. To do so, law must provide such people with equal entitlements to medical care, housing, and other economic needs. But law must also go further, providing people with disabilities truly equal access to education, even when that is costly and involves considerable change in current methods of instruction. The central theme of this essay is what is required in order to give such (...) people political and civil rights on a basis of genuine equality. (shrink)

A “no ethics” principle has long been prevalent in science and has demotivated deliberation on scientific ethics. This paper argues the following: An understanding of a scientific “ethos” based on actual “value preferences” and “value repugnances” prevalent in the scientific community permits and demands critical accounts of the “no ethics” principle in science. The roots of this principle may be traced to a repugnance of human dignity, which was instilled at a historical breaking point in the interrelation between (...) science and ethics. This breaking point involved granting science the exclusive mandate to pass judgment on the life worth living. By contrast, respect for human dignity, in its Kantian definition as “the absolute inner worth of being human,” should be adopted as the basis to ground science ethics. The pathway from this foundation to the articulation of an ethical duty specific to scientific practice, i.e., respect for objective truth, is charted by Karl Popper’s discussion of the ethical principles that form the basis of science. This also permits an integrated account of the “external” and “internal” ethical problems in science. Principles of the respect for human dignity and the respect for objective truth are also safeguards of epistemic integrity. Plain defiance of human dignity by genetic determinism has compromised integrity of claims to knowledge in behavioral genetics and other behavioral sciences. Disregard of the ethical principles that form the basis of science threatens epistemic integrity. (shrink)

This chapter sets forth an interpretation of public reason that appeals to our central capabilities as human beings. I argue that appealing to central human capabilities and to the related idea of respect for threshold capabilities is the best way to understand public reason. My defense of this position advances stepwise: first, I consider a central alternative to a capability account, which regards public reason as a matter of contracting; next, I describe central concerns with (...) contract views and show how a capability view can avoid them; lastly, I consider extending public reason beyond national borders and test the two views in this context. (shrink)

This article focuses on human dignity as a moral idea and, in particular, on a single but fundamental question: what conception of human dignity, if any, can generate an egalitarian duty to respect all persons? After surveying two mainstream and two alternative conceptions, the article suggests that explaining how human dignity generates an egalitarian duty of respect may be more difficult than has been appreciated.

Inequalities, ineffective governance, unclear surrogacy regulations and unethical practices make India an ideal environment for global injustice in the process of commercial surrogacy. This article aims to apply the ‘capabilities approach’ to find possibilities of global justice through human fellowship in the context of commercial surrogacy. I draw primarily on my research findings supplemented by other relevant empirical research and documentary films on surrogacy. The paper reveals inequalities and inadequate basic entitlements among surrogate mothers as a consequence of (...) which they are engaged in unjust contracts. Their limited entitlements also limit their opportunities to engage in enriching goals. It is the role of the state to provide all its citizens with basic entitlements and protect their basic human rights. Individuals in India evading their basic duty also contribute to the existing inequalities. Individual responsibilities of the medical practitioners and the intended parents are in question here as they are more inclined towards self-interest rather than commitment towards human fellowship. At the global level, the injustice in transnational commercial surrogacy practices in developing countries calls for an international declaration of women and child rights in third party reproduction with a normative vision of mutual fellowship and human dignity. (shrink)

The term “value of life” can refer to life’s intrinsic dignity: something nonincremental and time-unaffected in contrast to the fluctuating, incremental “value” of our lives, as they are longer or shorter and more or less flourishing. Human beings are equal in their basic moral importance: the moral indignities we condemn in the treatment of e.g. those with dementia reflect the ongoing human dignity that is being violated. Indignities licensed by the person in advance remain indignities, as (...) when people might volunteer their living, unconscious bodies for surrogacy or training in amputation techniques. Respect for someone’s dignity is significantly impacted by a failure to value that person’s very existence, whatever genuine respect and good will is shown by wanting the person’s life to go well. Valuing and respecting life is not, however, vitalism: there can be good and compelling reasons for eschewing some means of prolonging life. (shrink)

This dissertation attempts to preserve the central tenets of a global moral theory called “the capabilities approach” as defended by Martha Nussbaum, but to do so in a way that better realizes its own goals of identifying gender injustices and gaining cross-cultural support by providing an alternative defense of it. Capabilities assess an individual’s well-being based on what she is able to do (actions) and who she is able to be (states of existence). Nussbaum grounds her theory in (...) the intuitive idea that each and every person is worthy of equal respect and dignity. The problem with grounding a theory in a version of intuitionism is that it runs the risk of authoritarian moral reasoning. I argue Nussbaum, in fact, is the final arbiter who decides which intuitions are mistaken, which are not, and how to interpret what people say to fit into her own framework. This method of justifying capabilities is most problematic in cases of social inequality whereby dominant group members do not feel they need to check their intuitions against non-dominant group members, and even if they did, they are not forced to take the non-dominant group’s intuitions seriously. I find capabilities as a global moral theory to be very promising, and I agree with Nussbaum that a list of capabilities is beneficial for identifying people who are not able to live a truly dignified human life. However, I am also sympathetic to the criticism of defending capabilities using a version of intuitionism. So, I offer an alternative method of justifying the capabilities rooted in the discourse ethics tradition. This method seeks all persons that are affected by the outcome to freely and equally share their opinion. This avoids the charge of authoritarian moral reasoning, because (1) it seeks perspectives other than simply one’s own, but unlike traditional ethics, it (2) pays special attention to the ways in which power relations shape dialogue. Ultimately, I hope to have preserved the central tenets of the capabilities approach while better realizing Nussbaum’s commitment to defending a theory that is gender sensitive and has gained cross-cultural support. (shrink)

Many, including Marx, Rawls, and the contemporary 'Black Lives Matter' movement, embrace the ambition to secure terms of co-existence in which the worth of people's lives becomes a lived reality rather than an empty boast. This book asks whether, as some believe, the philosophical idea of human dignity can help achieve that ambition. Offering a new fourfold typology of dignity concepts, Colin Bird argues that human dignity can perform this role only if certain traditional ways (...) of conceiving it are abandoned. Accordingly, Bird rejects the idea that human dignity refers to the inherent worth or status of individuals, and instead reinterprets it as a social relation, constituted by affects of respect and the modes of mutual attention which they generate. What emerges is a new vision of human dignity as a vital political value, and an arresting vindication of its role as an agent of critical reflection on politics. (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)

The principle of respect for human dignity plays a crucial role in the emerging global norms relating to bioethics, in particular in the UNESCO Universal Declaration on Bioethics and Human Rights. This instrument, which is a legal, not merely an ethical document, can be regarded as an extension of international human rights law into the field of biomedicine. Although the Declaration does not explicitly define human dignity, it would be a mistake to see the (...) emphasis put on this notion as a mere rhetorical strategy. Rather, the appeal to dignity reflects a real concern about the need to promote respect both for the intrinsic worth of human beings and for the integrity of the human species. But dignity alone cannot solve most of the dilemmas posed by biomedical practice. This is why international biolaw combines, on the one hand, the appeal to human dignity as an overarching principle with, on the other hand, the recourse to human rights, which provide an effective and practical way forward for dealing with bioethical issues at a global level. (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)

Human dignity is grounded in basic human attributes such as life and self-respect. When people cannot stand up for themselves they may lose their dignity towards themselves and others. The aim of this study was to elucidate if dignity remains intact for family members during care procedures in a children’s hospital. A qualitative approach was adopted, using open non-participation observation. The findings indicate that dignity remains intact in family-centred care where all concerned parties encourage (...) each other in a collaborative relationship. Dignity is shattered when practitioners care from their own perspective without seeing the individual in front of them. When there is a break in care, family members can restore their dignity because the interruption helps them to master their emotions. Family members’ dignity is shattered and remains damaged when they are emotionally overwhelmed; they surrender themselves to practitioners’ care, losing their self-esteem and self-respect. (shrink)

Although the concept of dignity is commonly invoked in clinical care, there is not widespread agreement—in either the academic literature or in everyday clinical conversations—about what dignity means. Without a framework for understanding dignity, it is difficult to determine what threatens patients’ dignity and, conversely, how to honor commitments to protect and promote it. This article aims to change that by offering the first conceptual model of dignity for patients in the intensive care unit. The (...) conceptual model we present is based on the notion that there are three sources of patients’ dignity—their shared humanity, personal narratives, and autonomy—each of which independently warrants respect. The article describes each source of dignity and draws on examples to illustrate how clinician attitudes, actions, and behaviors can either contribute to, or detract from, expressions of respect for patient dignity. (shrink)

Martha C. Nussbaum, in the context of ancient philosophy, formulated ethics of human development based on 10 basic human capabilities as a precondition of meaningful human development, i.e. the ability to live a dignified human life. The paper, thus, deals with a capabilities approach with the aim of analysing the content of the idea of human dignity in Nussbaum’s understanding and its place in the conception of ethics of human development, since (...) human dignity is the very core of the conception in question. (shrink)

Prominent critics of consequentialism hold that utilitarianism is not capable of accepting authentic human values, because the consequentialist viewpoint is impersonal. According to it consequentialist rationality has no axiological limits and it can think about doing the unthinkable. The main objective of the paper is to show that human dignity has a significant position in the author’s conception of ethics of social consequences arguing for a particular theory of the value of human dignity. The author (...) argues that the ethics of social consequences is capable of accepting human dignity as well as all authentic human moral values. He believes that ethical theory of social consequences can provide the element missing whose lack was unveiled by the critics of utilitarianism. (shrink)

This paper explores the relationship between dignity and robot care for older people. It highlights the disquiet that is often expressed about failures to maintain the dignity of vulnerable older people, but points out some of the contradictory uses of the word ‘dignity’. Certain authors have resolved these contradictions by identifying different senses of dignity; contrasting the inviolable dignity inherent in human life to other forms of dignity which can be present to varying (...) degrees. The Capability Approach (CA) is introduced as a different but tangible account of what it means to live a life worthy of human dignity. It is used here as a framework for the assessment of the possible effects of eldercare robots on human dignity. The CA enables the identification of circumstances in which robots could enhance dignity by expanding the set of capabilities that are accessible to frail older people. At the same time, it is also possible within its framework to identify ways in which robots could have a negative impact, by impeding the access of older people to essential capabilities. It is concluded that the CA has some advantages over other accounts of dignity, but that further work and empirical study is needed in order to adapt it to the particular circumstances and concerns of those in the latter part of their lives. (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)

The term ‘dignity’ is used in a variety of ways but always to attribute or recognize some status in the person. The present paper concerns not the status itself but the virtue of acknowledging that status. This virtue, which Thomas Aquinas calls ‘observantia’, concerns how dignity is honoured, respected, or observed. By analogy with justice observantia can be thought of both as a general virtue and as a special virtue. As a general virtue observantia refers to that respect (...) for human dignity that is implicit in all acts of justice. As a special virtue it concerns the specific way we show esteem for people. Healthcare represents a challenge to observantia because those in need of healthcare are doubly restricted in expressing their dignity in action: in the first place by their ill health, and in the second place by the conditions required by healthcare. To be understood properly, especially in the context of healthcare, the.. (shrink)

For some decades, the concept of human dignity has been widely discussed in bioethical literature. Some authors think that this concept is central to questions of respect for human beings, whereas others are very critical of it. It should be noted that, in these debates, dignity is one component of a long-lasting and widespread conceptual construct used to support a stance on the ethical question of the moral status of an action or being. This construct has (...) been used from Modernity onward to condemn slavery and torture as violations of human dignity. In spelling it out, we can come to a better understanding of what “dignity” means and become aware that there exists a quite useful place for this notion in our ethical thought, albeit a modest one. (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)

_Human Dignity in Bioethics _brings together a collection of essays that rigorously examine the concept of human dignity from its metaphysical foundations to its polemical deployment in bioethical controversies. The volume falls into three parts, beginning with meta-level perspectives and moving to concrete applications. Part 1 analyzes human dignity through a worldview lens, exploring the source and meaning of human dignity from naturalist, postmodernist, Protestant, and Catholic vantages, respectively, letting each side explain and (...) defend its own conception. Part 2 moves from metaphysical moorings to key areas of macro-level influence: international politics, American law, and biological science. These chapters examine the legitimacy of the concept of dignity in documents by international political bodies, the role of dignity in American jurisprudence, and the implications—and challenges—for dignity posed by Darwinism. Part 3 shifts from macro-level topics to concrete applications by examining the rhetoric of human dignity in specific controversies: embryonic stem cell research, abortion, human-animal chimeras, euthanasia and palliative care, psychotropic drugs, and assisted reproductive technologies. Each chapter analyzes the rhetorical use of ‘human dignity’ by opposing camps, assessing the utility of the concept and whether a different concept or approach can be a _more_ productive means of framing or guiding the debate. (shrink)

Taking current discussions on the relationship between human dignity as a human right and education as his starting point the author pursues the possibility of interpreting this relationship from a Protestant perspective based on the biblical understanding of the likeness of God. Since this understanding has not been at the centre of the majority view in Protestant educational thinking the author tries to uncover a minority tradition that has made the likeness of God the basis of education. (...) In another step, the author describes four foundational perspectives for making the likeness of God and human dignity the basis for education today, addressing education beyond utilitarianism, justice in education and education for justice, interreligious education and special commitment to children’s rights. In all four respects Protestantism can make important contributions but there is also a need for the renewal of Protestantism’s understanding of education in light of future challenges. (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)

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)

This chapter contains sections titled: Sexual Morality is a Required Course Morality and Sexuality Criteria of Mutually Respectful Sexual Interaction Moral Issues Associated with Specific Sexual Relationships and Activities Don't Flunk Your Test.

The concept of human dignity, despite its growing importance in legal texts and declarations in the last decades, is notoriously contested in moral philosophy and legal theory. There is no agreement either on what human dignity is or whether one should care much about it. We will show how these questions could be answered given the assumption that the expression ‘human dignity’ is to be read literally, as dignity of humans, where ‘dignity’ (...) is understood as dignity proper, i.e. dignity as it is usually ascribed outside of legal contexts. Dignity proper has played an important role in the history of mankind. It is sometimes also called ‘social dignity’ because it is bound to social relations, or ‘contingent dignity’, on the assumption that having dignity proper is due to contingencies of life and one's own behaviour (in contrast to human dignity as an essential feature of humankind). Dignity proper therefore depends on being treated with respect by others and on being able to present oneself as being of equal dignity in various practical contexts. Dignity proper is part of an extended conceptual space of evaluative terms which are important in moral life, including, among others, decency, nobility, rank, honour, respect, esteem, grace, decorum, merit, self-respect, coolness, offence, humiliation, degradation, shame. It is obvious, historically, that the concept of dignity proper must have played some role in the development of the concept of human dignity. (shrink)

Hojjat Soofi successfully developed a novel dementia-specific model of human flourishing.1 Based on a modified version of Nussbaum’s account of dignity (ie, the theoretical framework of the capabilities approach), and integrated with Kitwood and Bredin’s empirically informed list of indicators of well-being for people with dementia (ie, the field of empirically informed ethics), this model provides guidance on how to actually care for people with dementia in real-life practices, according to the moral requirements of respect for (...) class='Hi'>dignity. More specifically, we deem the contributive value of the model to be threefold. (1) It is a successful specification and contextualisation of Nussbaum’s original list of capabilities in the context of dementia care. (2) The table clearly distinguishes between dementia-specific capabilities and their possibly dementia-related progressive deprivation (ie, the internal conditions), and the possible external setbacks or facilitators for human flourishing. (3) The model is proposed as being open to include new and additional insights from further empirical research on what forms of caregiving do (or do not) align with respect for the dignity of people with dementia. In our commentary, we want to focus on the source of dignity, that is, the locus and starting point of our moral requirements on which the author takes an explicit stance. First of all, by being founded on the list of dementia-specific capabilities, Soofi’s model places the source of our moral requirements of respect for the dignity of people with dementia within the persons themselves, ‘having some of the basis capabilities listed’ (p.6). This, in turn, brings classic discussions concerning a …. (shrink)

Dignity is humanitys most prized possession. We experience the loss of dignity as a terrible humiliation: when we lose our dignity we feel deprived of something without which life no longer seems worth living. But what exactly is this trait that we value so highly? In this important new book, distinguished philosopher Peter Bieri looks afresh at the notion of human dignity. In contrast to most traditional views, he argues that dignity is not an (...) innate quality of human beings or a right that we possess by virtue of being human. Rather, dignity is a certain way to lead ones life. It is a pattern of thought, experience and action – in other words, a way of living. In Bieris account, there are three key dimensions to dignity as a way of living. The first is the way I am treated by others: they can treat me in a way that leaves my dignity intact or they can destroy my dignity. The second dimension concerns the way that I treat other people: do I treat them in a way that allows me to live a dignified life? The third dimension concerns the view that I have of myself: which ways of seeing and treating myself allow me to maintain a sense of dignity? In the actual flow of day-to-day life these three dimensions of dignity are often interwoven, and this accounts in part for the complexity of the situations and experiences in which our dignity is at stake. So, why did we invent dignity and what role does it play in our lives? As thinking and acting beings, our lives are fragile and constantly under threat. A dignified way of living, argues Bieri, is humanitys way of coping with this threat. In our constantly endangered lives, it is important to stand our ground with confidence. Thus a dignified way of living is not any way of living: it is a particular way of responding to the existential experience of being under threat. It is also a particular way of answering the question: What kind of life do we wish to live? This beautifully written reflection on our most cherished human value will be of interest to a wide readership. (shrink)

In normative terms, human dignity usually implies two consequences: human beings cannot be treated in some particular ways due to their condition as humans; and some forms of life do not correspond to the ideal life of our community. This study consists in discussing the meaning of this idea of human dignity in contrast to the concept of humiliation in the context of institutional, i.e. political and legal, rights. Two concepts of human dignity (...) will be discussed. The first absolute/necessary and formal/transcendental concept implies the proposition “because human beings have dignity, the following cluster of rights is valid”. Conversely, the second contingent and material concept corresponds to the thought “for being able to live in dignity, we must respect the following rights”. This paper claims that human dignity should be understood as the right to be protected from humiliation. Humiliation is the situation of incapacity or absence of self-determination. (shrink)

The main objective of my paper is to show that human dignity has a significant position in my ethics of social consequences (I defend a form of non-utilitarian consequentialism), arguing for a particular theory of the value of human dignity. I argue that my ethics of social consequences is capable of accepting human dignity and all authentic human moral values without exception. I think that my ethical theory of social consequences (as a form (...) of non-utilitarian consequentialism) can provide the essential missing ingredient identified by the critics of utilitarianism. (shrink)