From Human Dignity to Natural Law

From Human Dignity to Natural Law

Author: Richard Berquist

Publisher: Catholic University of America Press

Published: 2019-10-11

Total Pages: 264

ISBN-13: 0813232422

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From Human Dignity to Natural Law shows how the whole of the natural law, as understood in the Aristotelian Thomistic tradition, is contained implicitly in human dignity. Human dignity means existing for one’s own good (the common good as well as one’s individual good), and not as a mere means to an alien good. But what is the true human good? This question is answered with a careful analysis of Aristotle’s definition of happiness. The natural law can then be understood as the precepts that guide us in achieving happiness. To show that human dignity is a reality in the nature of things and not a mere human invention, it is necessary to show that human beings exist by nature for the achievement of the properly human good in which happiness is found. This implies finality in nature. Since contemporary natural science does not recognize final causality, the book explains why living things, as least, must exist for a purpose and why the scientific method, as currently understood, is not able to deal with this question. These reflections will also enable us to respond to a common criticism of natural law theory: that it attempts to derive statements of what ought to be from statements about what is. After defining the natural law and relating it to human or positive law, Richard Berquist considers Aquinas’s formulation of the first principle of the natural law. It then discusses the love commandments to love God above all things and to love one’s neighbor as oneself as the first precepts of the natural law. Subsequent chapters are devoted to clarifying and defending natural law precepts concerned with the life issues, with sexual morality and marriage, and with fundamental natural rights. From Human Dignity to Natural Law concludes with a discussion of alternatives to the natural law.


Making Human Dignity Central to International Human Rights Law

Making Human Dignity Central to International Human Rights Law

Author: Matthew McManus

Publisher: University of Wales Press

Published: 2019-09-15

Total Pages: 266

ISBN-13: 1786834650

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In recent years, there has been an explosion of writing on the topic of human dignity across a plethora of different academic disciplines. Despite this explosion of interest, there is one group – critical legal scholars – that has devoted little if any attention to human dignity. This book argues that these scholars should attend to human dignity, a concept rich enough to support a whole range of progressive ambitions, particularly in the field of international law. It synthesizes certain liberal arguments about the good of self-authorship with the critical legal philosophy of Roberto Unger and the capabilities approach to agency of Amartya Sen, to formulate a unique conception of human dignity. The author argues how human dignity flows from an individual’s capacity for self-authorship as defined by the set of expressive capabilities s/he possesses, and the book demonstrates how this conception can enrich our understanding of international human rights law by making the amplification of human dignity its fundamental orientation.


Human Dignity and International Law

Human Dignity and International Law

Author: Andrea Gattini

Publisher: BRILL

Published: 2020-12-15

Total Pages: 232

ISBN-13: 9004435654

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This book reflects on how the concept of human dignity, a central and classical concept in public international law, is used to protect the rights of particularly vulnerable sectors of contemporary society.


Human Dignity and Human Rights

Human Dignity and Human Rights

Author: Pablo Gilabert

Publisher: Oxford University Press

Published: 2018-11-08

Total Pages: 362

ISBN-13: 0192562134

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Human dignity: social movements invoke it, several national constitutions enshrine it, and it features prominently in international human rights documents. But what is human dignity, why is it important, and what is its relationship to human rights? This book offers a sophisticated and comprehensive defence of the view that human dignity is the moral heart of human rights. First, it clarifies the network of concepts associated with dignity. Paramount within this network is a core notion of human dignity as an inherent, non-instrumental, egalitarian, and high-priority normative status of human persons. People have this status in virtue of their valuable human capacities rather than as a result of their national origin and other conventional features. Second, it shows how human dignity gives rise to an inspiring ideal of solidaristic empowerment, which calls us to support people's pursuit of a flourishing life by affirming both negative duties not to block or destroy, and positive duties to protect and facilitate, the development and exercise of the valuable capacities at the basis of their dignity. The most urgent of these duties are correlative to human rights. Third, this book illustrates how the proposed dignitarian approach allows us to articulate the content, justification, and feasible implementation of specific human rights, including contested ones, such as the rights to democratic political participation and to decent labour conditions. Finally, this book's dignitarian approach helps illuminate the arc of humanist justice, identifying both the difference and the continuity between the basic requirements of human rights and more expansive requirements of social justice such as those defended by liberal egalitarians and democratic socialists. Human dignity is indeed the moral heart of human rights. Understanding it enables us to defend human rights as the urgent ethical and political project that puts humanity first.


The Concept of Human Dignity in Human Rights Discourse

The Concept of Human Dignity in Human Rights Discourse

Author: David Kretzmer

Publisher: BRILL

Published: 2021-08-04

Total Pages: 323

ISBN-13: 9004478191

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The notion of human dignity plays a central role in human rights discourse. According to the Universal Declaration of Human Rights recognition of the inherent dignity and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world. The international Covenants on Economic, Social and Cultural Rights and on Civil and Political Rights state that all human rights derive from inherent dignity of the human person. Some modern constitutions include human dignity as a fundamental non-derogable right; others mention it as a right to be protected alongside other rights. It is not only lawyers concerned with human rights who have to contend with the concept of human dignity. The concept has been discussed by, inter alia, theologians, philosophers, and anthropologists. In this book leading scholars in constitutional and international law, human rights, theology, philosophy, history and classics, from various countries, discuss the concept of human dignity from differing perspectives. These perspectives help to elucidate the meaning of the concept in human rights discourse.


Human Dignity and Law

Human Dignity and Law

Author: Stephen Riley

Publisher:

Published: 2018

Total Pages: 0

ISBN-13: 9781138287587

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This book is a rethinking of human dignity in relation to our principles of social governance. The result is a revisionist account of human dignity and law, one focused less on the use of human dignity in our regulations and more on its constitutive implications for the governance of the public realm.


Dignity Law

Dignity Law

Author: Erin Daly

Publisher:

Published: 2020

Total Pages:

ISBN-13: 9780837741352

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Human dignity recognizes and reflects the equal worth of each and every member of the human family, regardless of gender, race, social or political status, talents, merit, or any other differentiator. But it is also right that can be claimed, an interest that can be protected, like liberty or equality or shelter or free speech. It is now recognized in more than 150 of the world's constitutions from all regions of the world. Also, increasingly, courts around the globe are recognizing the right to dignity and applying it against governments and others to ensure that the dignity of all is respected. This unique book aims to provide an introduction to dignity rights, including what they are (or are not), how they are embodied constitutionally around the globe, and how courts interpret and apply them (or don't). This book includes selected texts showing constitutionally embedded dignity rights around the globe, an overview which maps dignity law, and units on introduction to dignity law; dignity and identity; living with dignity; protecting the dignity of people with particular vulnerabilities; and participatory dignity, along with a conclusion and index.--Publisher.


Understanding Human Dignity

Understanding Human Dignity

Author: Christopher McCrudden

Publisher: Proceedings of the British Aca

Published: 2014

Total Pages: 0

ISBN-13: 9780197265826

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The concept of 'human dignity' has become central to politics, law and theology but is little understood. This book presents a wide-ranging collection of edited essays from specialists in law, theology, politics and history and defines the main areas of current debates about the concept in these disciplines.


Advanced Introduction to Human Dignity and Law

Advanced Introduction to Human Dignity and Law

Author: James R. May

Publisher: Edward Elgar Publishing

Published: 2020-09-25

Total Pages: 165

ISBN-13: 1789901693

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This thought-provoking introduction provides an incisive overview of dignity law, a field of law emerging in every region of the globe that touches all significant aspects of the human experience. Through an examination of the burgeoning case law in this area, James R. May and Erin Daly reveal a strong overlapping consensus surrounding the meaning of human dignity as a legal right and a fundamental value of nations large and small, and how this global jurisprudence is redefining the relationship between individuals and the state.