The Human Rights Tradition
-
Upload
dave-nelson-devera-badar -
Category
Documents
-
view
219 -
download
0
Transcript of The Human Rights Tradition
8/8/2019 The Human Rights Tradition
http://slidepdf.com/reader/full/the-human-rights-tradition 1/28
The Human Rights Tradition
and the Emergence of
Human Dignity as a Legal Principle
8/8/2019 The Human Rights Tradition
http://slidepdf.com/reader/full/the-human-rights-tradition 2/28
SECULARIZATION OF ELITISM
8/8/2019 The Human Rights Tradition
http://slidepdf.com/reader/full/the-human-rights-tradition 3/28
DIGNITY
UNIVERSALLY VALID PRINCIPLE
NORMATIVE
8/8/2019 The Human Rights Tradition
http://slidepdf.com/reader/full/the-human-rights-tradition 4/28
Human Rights
Derived from the inherent dignity
of the human person.
± the foundation of freedom, justice
and peace.
± A basic principle.
8/8/2019 The Human Rights Tradition
http://slidepdf.com/reader/full/the-human-rights-tradition 5/28
HUMAN RIGHTS TRADITION
explicitly adopts a universalist stand.
8/8/2019 The Human Rights Tradition
http://slidepdf.com/reader/full/the-human-rights-tradition 6/28
Dignity violated through
Torture
slavery
Mass expulsion
genocide
deprivation of rights
forced labor
terror
mass murder
experiments on
human beings
8/8/2019 The Human Rights Tradition
http://slidepdf.com/reader/full/the-human-rights-tradition 7/28
LAW
Practice and interpretation.
8/8/2019 The Human Rights Tradition
http://slidepdf.com/reader/full/the-human-rights-tradition 8/28
Legal Principle of Human Dignity itself is
not ambiguous.
inherent obligation to universalism
But in practice and in the way it is interpreted,
elitist components sometimes come to
dominate.
8/8/2019 The Human Rights Tradition
http://slidepdf.com/reader/full/the-human-rights-tradition 9/28
Who is to count as a human person?
8/8/2019 The Human Rights Tradition
http://slidepdf.com/reader/full/the-human-rights-tradition 10/28
Everyone agrees that human dignity
should be protected, but there is no
common consensus as to -
who are the persons to whom human
dignity is attributed
who is worthy of protection
8/8/2019 The Human Rights Tradition
http://slidepdf.com/reader/full/the-human-rights-tradition 11/28
F rench bioethicial laws rely on the
practical assumption that it is
unclear who possess human dignity.
8/8/2019 The Human Rights Tradition
http://slidepdf.com/reader/full/the-human-rights-tradition 12/28
Is a person defined by
consciousness alone?
8/8/2019 The Human Rights Tradition
http://slidepdf.com/reader/full/the-human-rights-tradition 13/28
Elitists and
Universalists.
8/8/2019 The Human Rights Tradition
http://slidepdf.com/reader/full/the-human-rights-tradition 14/28
Habermasian and Rawisian elitists
Consciousness or expressed
preferences are the conditionssine qua non for humanity.
8/8/2019 The Human Rights Tradition
http://slidepdf.com/reader/full/the-human-rights-tradition 15/28
The Principle of Dignity and the
Juridical Concept of Dignity
8/8/2019 The Human Rights Tradition
http://slidepdf.com/reader/full/the-human-rights-tradition 16/28
Elitist layer of human dignity
Universalist layer of human dignity
Possession of autonomy
Being human
8/8/2019 The Human Rights Tradition
http://slidepdf.com/reader/full/the-human-rights-tradition 17/28
The Principle of Dignity
the one affirmed by the Human rights tradition
A legal commitment to a moral ideal which is
explicitly universalist, endorsed for the purpose of
preserving peace
principle
A legal principle
8/8/2019 The Human Rights Tradition
http://slidepdf.com/reader/full/the-human-rights-tradition 18/28
In the perfect society the
juridical concept of human dignity
would flow from thebasic principle of human dignity.
8/8/2019 The Human Rights Tradition
http://slidepdf.com/reader/full/the-human-rights-tradition 19/28
P eople committing suicide
Existence- a means to achieve certain
desirable states of being
Extinction of existence- a means to
escape condition which are
undesirable
8/8/2019 The Human Rights Tradition
http://slidepdf.com/reader/full/the-human-rights-tradition 20/28
the non-pathological suicide is the most
fundamental violation of human dignity Assisted suicide, euthanasia
8/8/2019 The Human Rights Tradition
http://slidepdf.com/reader/full/the-human-rights-tradition 21/28
In the perfect society the
juridical concept of human dignity would flow from the
basic principle of human dignity.
Even if suicide is a violation of
the principle of human dignity ,
it may not be demonstrated to be a violation of
the legal concept of dignity.
8/8/2019 The Human Rights Tradition
http://slidepdf.com/reader/full/the-human-rights-tradition 22/28
Juridical Concept of dignity
A right possessed over and
against others, and notover against oneself
8/8/2019 The Human Rights Tradition
http://slidepdf.com/reader/full/the-human-rights-tradition 23/28
It is not in the interpretation of the
juridical concept which determines
the meaning of the principle
8/8/2019 The Human Rights Tradition
http://slidepdf.com/reader/full/the-human-rights-tradition 24/28
Autonomy is the core and summit of
the human person. Yet it has
foundation in the individual rational
nature of every personal being and
it is to this being that dignity applies.
8/8/2019 The Human Rights Tradition
http://slidepdf.com/reader/full/the-human-rights-tradition 25/28
Conclusion
Juridical concept of human dignity ±Dependent upon the existent
interpretations and current language use
± Anchored in an explicit universalistcommitment by Human rights tradition
± Easily slipping back into elitism
8/8/2019 The Human Rights Tradition
http://slidepdf.com/reader/full/the-human-rights-tradition 26/28
Conclusion
Dignity identified with autonomy
±No longer seen as being inherent in
the nature of the human being
8/8/2019 The Human Rights Tradition
http://slidepdf.com/reader/full/the-human-rights-tradition 27/28
Conclusion
Human dignity as a right over and
against others
±An intrinsic limitation of the legal
discourse
8/8/2019 The Human Rights Tradition
http://slidepdf.com/reader/full/the-human-rights-tradition 28/28
Conclusion
For the principle of human dignity
to be truly universal, It must
apply equally to all.