Download or read book From Human Dignity to Natural Law written by Richard Berquist and published by Catholic University of America Press. This book was released on 2019-10-11 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Legal Ethics and Human Dignity written by David Luban and published by . This book was released on 2007 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: A wide-ranging collection of essays from a leading scholar of legal ethics.
Download or read book Making Human Dignity Central to International Human Rights Law written by Matthew McManus and published by University of Wales Press. This book was released on 2019-09-15 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Human Dignity and Human Rights written by Pablo Gilabert and published by Oxford University Press. This book was released on 2018-11-08 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Human Dignity and Law written by Stephen Riley and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Concept of Human Dignity in Human Rights Discourse written by David Kretzmer and published by BRILL. This book was released on 2021-08-04 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Natural Law and Human Dignity written by Ernst Bloch and published by MIT Press. This book was released on 1986 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ernst Bloch was one of the most original and influential of contemporary European thinkers, leaving his mark in fields ranging from philosophy and social theory to aesthetics and theology. 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.
Download or read book Human Dignity written by Aharon Barak and published by Cambridge University Press. This book was released on 2015-01-26 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human dignity is now a central feature of many modern constitutions and international documents. As a constitutional value, human dignity involves a person's free will, autonomy, and ability to write a life story within the framework of society. As a constitutional right, it gives full expression to the value of human dignity, subject to the specific demands of constitutional architecture. This analytical study of human dignity as both a constitutional value and a constitutional right adopts a legal-interpretive perspective. It explores the sources of human dignity as a legal concept, its role in constitutional documents, its content, and its scope. The analysis is augmented by examples from comparative legal experience, including chapters devoted to the role of human dignity in American, Canadian, German, South African, and Israeli constitutional law.
Download or read book Dignity Rights written by Erin Daly and published by University of Pennsylvania Press. This book was released on 2020-10-09 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published in 2012, Dignity Rights is the first book to explore the constitutional law of dignity around the world. In it, Erin Daly shows how dignity has come not only to define specific interests like the right to humane treatment or to earn a living wage, but also to protect the basic rights of a person to control his or her own life and to live in society with others. Daly argues that, through the right to dignity, courts are redefining what it means to be human in the modern world. As described by the courts, the scope of dignity rights marks the outer boundaries of state power, limiting state authority to meet the demands of human dignity. As a result, these cases force us to reexamine the relationship between the individual and the state and, in turn, contribute to a new and richer understanding of the role of the citizen in modern democracies. This updated edition features a new preface by the author, in which she articulates how, over the past decade, dignity rights cases have evolved to incorporate the convergence of human rights and environmental rights that we have seen at the international level and in domestic constitutions.
Download or read book Dignity and International Human Rights Law written by Brett G. Scharffs and published by Routledge. This book was released on 2021-10-25 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Punta del Este Declaration, and this book dedicated to elaborating upon it, is devoted to exploring the ways that human dignity for everyone everywhere can be a useful tool in helping to address the challenges and strains facing human rights in the world today. In 2018, an initiative was instigated to revitalize the human rights project by way of engaging the notion of human dignity. This resulted in the Punta Del Este Declaration on Human Dignity for Everyone Everywhere (Punta Del Este Declaration), a declaration co-authored by over 30 human rights experts from all over the world. The Punta Del Este Declaration simplifies and brings coherence to the concept of human dignity in 10 brief statements that capture the many dimensions and aspects of human dignity and the practical ways that human dignity is useful in the promotion of human rights. This book provides an overview of how the notion of human dignity has been used to strengthen human rights. It discusses how human dignity playsmany different roles in human rights discourse and has the force to revitalize the human rights project; it is the foundational principle upon which the human rights project is built. But it is also the telos, or end goal, of human rights. At the same time, it is an important evaluative mechanism for assessing how well a country is doing in the implementation of human rights. The book will be a valuable resource for all those working in the areas of International Human Rights Law, Legal Philosophy, and Law and Religion.
Download or read book Human Dignity written by George Kateb and published by Harvard University Press. This book was released on 2011-05-03 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: We often speak of the dignity owed to a person. And dignity is a word that regularly appears in political speeches. Charters are promulgated in its name, and appeals to it are made when people all over the world struggle to achieve their rights. But what exactly is dignity? When one person physically assaults another, we feel the wrong demands immediate condemnation and legal sanction. Whereas when one person humiliates or thoughtlessly makes use of another, we recognize the wrong and hope for a remedy, but the social response is less clear. The injury itself may be hard to quantify. Given our concern with human dignity, it is odd that it has received comparatively little scrutiny. Here, George Kateb asks what human dignity is and why it matters for the claim to rights. He proposes that dignity is an “existential” value that pertains to the identity of a person as a human being. To injure or even to try to efface someone’s dignity is to treat that person as not human or less than human—as a thing or instrument or subhuman creature. Kateb does not limit the notion of dignity to individuals but extends it to the human species. The dignity of the human species rests on our uniqueness among all other species. In the book’s concluding section, he argues that despite the ravages we have inflicted on it, nature would be worse off without humanity. The supremely fitting task of humanity can be seen as a “stewardship” of nature. This secular defense of human dignity—the first book-length attempt of its kind—crowns the career of a distinguished political thinker.
Download or read book Healthcare and Human Dignity written by Frank M. McClellan and published by Rutgers University Press. This book was released on 2019-12-13 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: The individual and structural biases that affect the American healthcare system have serious emotional and physical consequences that all too often go unseen. These biases are often rooted in power, class, racial, gender or sexual orientation prejudices, and as a result, the injured parties usually lack the resources needed to protect themselves. In Healthcare and Human Dignity, individual worth, equality, and autonomy emerge as the dominant values at stake in encounters with doctors, nurses, hospitals, and drug companies. Although the public is aware of legal battles over autonomy and dignity in the context of death, the everyday patient’s need for dignity has received scant attention. Thus, in Healthcare, law professor Frank McClellan’s collection of cases and individual experiences bring these stories to life and establish beyond doubt that human dignity is of utmost priority in the everyday process of healthcare decision making.
Download or read book Dignity Law written by Erin Daly and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Human Dignity in International Law written by Ginevra Le Moli and published by Cambridge University Press. This book was released on 2021-11-25 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: A theoretical, historical and juridical exegesis of human dignity in international law over two centuries.
Download or read book Dignity as a Human Right written by George P. Smith and published by Rowman & Littlefield. This book was released on 2018-11-27 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dignity is seen, commonly, as an ethical obligation owed to human persons. The dimensions of this obligation are subject to wide discussion and defy universal agreement. Dignity is seen, commonly, as an ethical obligation owed to human persons. Dignity as a Human Right? examines dignity within the prism of death, and more particularly, its humane and dignified management. Although there is no domestic or international right to die with dignity, within the right to life should, arguably, be a right to dignity and self-determination especially at its end-stage; for, a powerful interface exists between the right to human dignity and the very right to life, to love and humanity as well as compassion at its conclusion. Legislative efforts--nationally and internationally--have begun to recognize a right to die with dignity when a condition of medical futility exists. There are presently five states and the District of Columbia, together with a judicial interpretation from the Montana Supreme Court, which recognize death assistance for the terminally ill. Internationally, Canada, Belgium, the Netherlands, and Switzerland are seen as leaders in this recognition. The United Nations has played a significant role in framing end-of-life decision making within the ambit of human rights protection. The UN Charter states unequivocally that the dignity and worth of the human person must be protected and safeguarded. Similarly, among other instruments, the Universal Declaration on Human Rights acknowledges that all human beings are born free and equal in dignity and rights.
Download or read book The Cambridge Handbook of Human Dignity written by Marcus Düwell and published by Cambridge University Press. This book was released on 2014-04-10 with total page 1130 pages. Available in PDF, EPUB and Kindle. Book excerpt: This introduction to human dignity explores the history of the notion from antiquity to the nineteenth century, and the way in which dignity is conceptualised in non-Western contexts. Building on this, it addresses a range of systematic conceptualisations, considers the theoretical and legal conditions for human dignity as a useful notion and analyses a number of philosophical and conceptual approaches to dignity. Finally, the book introduces current debates, paying particular attention to the legal implementation, human rights, justice and conflicts, medicine and bioethics, and provides an explicit systematic framework for discussing human dignity. Adopting a wide range of perspectives and taking into account numerous cultures and contexts, this handbook is a valuable resource for students, scholars and professionals working in philosophy, law, history and theology.
Download or read book Human Dignity Human Rights and Responsibility written by Yechiel Michael Barilan and published by MIT Press. This book was released on 2012-09-14 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: A novel and multidisciplinary exposition and theorization of human dignity and rights, brought to bear on current issues in bioethics and biolaw. “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.
