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- Shaoping Gan (2009). Human Dignity as a Right. Frontiers of Philosophy in China 4 (3):370-384.The concept of human dignity and the relationship between dignity and human rights have been important subjects in contemporary international academia. This article first analyzes the different understandings of the concept of dignity, which has left great influences in history (including the “theory of attribution-dignity”, the “theory of autonomy-dignity” or the “theory of moral completeness/achievement-dignity”, and the “theory of end-in-itself-dignity”); it then exposes the obvious defects of these modes of understanding; finally, it tries to define dignity as a moral right to be free from insult. Meanwhile, the relationship between human dignity and human rights is clarified as a result of this research: Rather than being the foundation of human rights, human dignity is one of human rights. The idea of dignity nevertheless has a particular status in ethics in that it embodies a kind of core moral concern, representing a basic demand rooted in the human self or individuality, and hence representing an important aspect of human rights. We may anticipate that sooner or later, the idea of human dignity will become, together with other human rights, the only intangible cultural heritage of human society.
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In a recent spate of reflective writings on the concept of human rights, philosophers have been concerned to firm up the analytical boundaries of human rights discourse, without excluding welfare rights from the catalogue. The article considers three of these recent attempts to `revalue the currency' of human rights: the agency conception, the pluralist conception, and the negative duties conception. It ultimately defends a `dignity-based' account of human rights, in which any number of human interests and values may ground a right, but in which the failure to respect the right must constitute a threat to human dignity (one's sense of self-worth as a person) in order for it to count as a genuine human right. It further argues that a `dignity-based' account of human rights justifies a focus on the state as the agent against which human rights are held, and gives us reason to doubt that the state could adequately fulfil the human-rights-based duties it owes its citizens by simple forbearance. On the account offered here, the state may be said to violate the rights of its members, and to threaten their human dignity, when it fails to provide them with the means to realize their basic needs. Key Words: human dignity civil and political rights welfare rights social rights.
This paper reviews the concept of human dignity as it has evolved in recent decisions by the United States Supreme Court, and the paper then sketches a “rights based” theory of human dignity. Among the principles of human dignity is a principle of compensation for mistakes in the treatment of any person. A broad concept of mistake is outlined, and, in terms of this concept and the principles of dignity, the practice of capital punishment is examined. An argument by Jeffrie Murphy against capital punishment is stated and criticized and a stronger argument against capital punishment is presented.
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As a part of a research project on Dignity and Older Europeans (Fifth Framework (Quality of Life) Programme) I explore in this paper a set of notions of human dignity. The general concept of dignity is introduced and characterized as a position on a value scale and it is further specified through its relations to the notions of right, respect and self-respect. I present four kinds of dignity and spell out their differences: the dignity of merit, the dignity of moral or existential stature, the dignity of identity and the universal human dignity (Menschenwürde). Menschenwürde pertains to all human beings to the same extent and cannot be lost as long as the persons exist. The dignity of merit depends on social rank and position. There are many species of this kind of dignity and it is very unevenly distributed among human beings. The dignity of merit exists in degrees and it can come and go. The dignity of moral stature is the result of the moral deeds of the subject; likewise it can be reduced or lost through his or her immoral deeds. This kind of dignity is tied to the idea of a dignified character and of dignity as a virtue. The dignity of moral stature is a dignity of degree and it is also unevenly distributed. The dignity of identity is tied to the integrity of the subject's body and mind, and in many instances, although not always, also dependent on the subject's self-image. This dignity can come and go as a result of the deeds of fellow human beings and also as a result of changes in the subject's body and mind.
Does human enhancement threaten our dignity as some prominent commentators have asserted? Or could our dignity perhaps be technologically enhanced? After disentangling several different concepts of dignity, this essay focuses on the idea of dignity as a quality, a kind of excellence admitting of degrees and applicable to entities both within and without the human realm. I argue that dignity in this sense interacts with enhancement in complex ways which bring to light some fundamental issues in value theory, and that the effects of any given enhancement must be evaluated in its appropriate empirical context. Yet it is possible that through enhancement we could become better able to appreciate and secure many forms of dignity that are overlooked or missing under current conditions. I also suggest that in a posthuman world, dignity as a quality could grow in importance as an organizing moral/aesthetic idea.
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dignity of the sort that grounds human rights. I first draw on values salient in sub-Saharan African
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on vitality, or liveliness, and the other on our communal nature. I then argue that the vitality
conception cannot account for several human rights that we intuitively have, while the community
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the field ought to favour a community-based view and critically compare it in future work with the
Kantian, autonomy-based view that dominates Western thinking about dignity.
In this article I try to elucidate the concept of human dignity by taking a closer look at the features of a paradigmatic torture situation. After identifying the salient aspects of torture, I discuss various accounts for the moral wrongness of such acts and argue that what makes torture a violation of human dignity is the perverted moral relationship between torturer and victim. This idea is subsequently being substantiated and defended against important objections. In the final part of the chapter I give a (qualified) defense of the methodology employed in the previous sections.
This paper suggests that the contemporary principle of human dignity in so far as it is used as means of limiting the exercise of individual freedom (in such landmark cases as the dwarf-throwing ones, as well as when used against prostitution, certain sexual conducts or the right to refuse medical treatment), does not have much to do with the human dignity principle that was consecrated after WWII. Rather, it shares many a resemblance with the ancient concept of dignitas, for it has the same function (ground obligations -and not rights), structure (obligations towards oneself) and regime (inalienability). The bondage between contemporary and ancient dignity is a crucial one, for it implies that the foundation of human rights paradigm, very common to post WWII usages of human dignity, can no longer serve as a justification for the human dignity principle.
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Abstract: Human rights developed in response to specific violations of human dignity, and can therefore be conceived as specifications of human dignity, their moral source. This internal relationship explains the moral content and moreover the distinguishing feature of human rights: they are designed for an effective implementation of the core moral values of an egalitarian universalism in terms of coercive law. This essay is an attempt to explain this moral-legal Janus face of human rights through the mediating role of the concept of human dignity. This concept is due to a remarkable generalization of the particularistic meanings of those "dignities" that once were attached to specific honorific functions and memberships. In spite of its abstract meaning, "human dignity" still retains from its particularistic precursor concepts the connotation of depending on the social recognition of a status—in this case, the status of democratic citizenship. Only membership in a constitutional political community can protect, by granting equal rights, the equal human dignity of everybody.
In this paper, I focus on the concept of human dignity and critically assess whether such a concept, as used in the Universal Declaration on Bioethics and Human Rights, is indeed a useful tool for bioethical debates. However, I consider this concept within the context of the development of emerging technologies, that is, with a particular focus on transhumanism. The question I address is not whether attaching artificial limbs or enhancing particular traits or capacities would dehumanize or undignify persons but whether nonbiological entities introduced into or attached to the human body contribute to the “augmentation” of human dignity. First, I outline briefly how the Universal Declaration on Bioethics and Human Rights uses the concept of dignity. Second, I look at the possibility of a universal bioethics in relation to the concept of human dignity. Third, I examine the concept of posthuman dignity and whether the concept of human dignity as construed in the declaration has any relevance to posthuman dignity.
The concept of human dignity and the relationship between dignity and human rights have been important subjects in contemporary international academia. This article first analyzes the different understandings of the concept of dignity, which has left great influences in history (including the "theory of attribution-dignity", the "theory of autonomy-dignity" or the "theory of moral completeness/achievement-dignity", and the "theory of end-in-itself-dignity"); it then exposes the obvious defects of these modes of understanding; finally, it tries to define dignity as a moral right to be free from insult. Meanwhile, the relationship between human dignity and human rights is clarified as a result of this research: Rather than being the foundation of human rights, human dignity is one of human rights. The idea of dignity nevertheless has a particular status in ethics in that it embodies a kind of core moral concern, representing a basic demand rooted in the human self or individuality, and hence representing an important aspect of human rights. We may anticipate that sooner or later, the idea of human dignity will become, together with other human rights, the only intangible cultural heritage of human society. /// "尊严"这一概念以及尊严与人权的关系己成为当今国际学术界的一项重要 的前沿课题。在历史上,出现过几种有着重大影响的有关尊严概念的不同理解(包 括"属性一尊严说"、"自主性一尊严说"或"道德自主性一尊严说"以及"自我 目的一尊严说" ),这些理解模式在解释力上存在着明显缺陆。人的尊严应当是一项 道德权利,即不被侮辱:尊严是人权的一部分,而不是人权的根基。但尊严这个理 念在伦理学中拥有一种特殊的地位,因为它体现了一种核心的道德顾及,代表着一 种根植于人的自我或个体性的最基本的需求,展示了人权的一个重要方面。可以预 期的是,人的尊严这个理念或许会有一天同人权的其它内容一起,成为人类社会仅 存的非物质的文化遗产。.
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