Book contents
- Frontmatter
- Contents
- List of contributors
- Foreword
- Why a handbook on human dignity?
- Acknowledgments
- 1 Human dignity from a legal perspective
- 2 Human dignity: concepts, discussions, philosophical perspectives
- Part I Origins of the concept in European history
- Part II Beyond the scope of the European tradition
- Part III Systematic conceptualization
- Part IV Legal implementation
- 36 Equal dignity in international human rights
- 37 Is human dignity a useless concept? Legal perspectives
- 38 Human dignity in French law
- 39 Human dignity in German law
- 40 Human dignity in US law
- 41 Human dignity in South American law
- 42 Human dignity in South African law
- 43 The Islamic world and the alternative declarations of human rights
- 44 The protection of human dignity under Chinese law
- 45 Human dignity in Japanese law
- 46 The place of dignity in the Indian Constitution
- Part V Conflicts and violence
- Part VI Contexts of justice
- Part VII Biology and bioethics
- Appendix 1 Further reading
- Appendix 2 Universal Declaration of Human Rights
- Index
- References
37 - Is human dignity a useless concept? Legal perspectives
from Part IV - Legal implementation
Published online by Cambridge University Press: 05 March 2015
- Frontmatter
- Contents
- List of contributors
- Foreword
- Why a handbook on human dignity?
- Acknowledgments
- 1 Human dignity from a legal perspective
- 2 Human dignity: concepts, discussions, philosophical perspectives
- Part I Origins of the concept in European history
- Part II Beyond the scope of the European tradition
- Part III Systematic conceptualization
- Part IV Legal implementation
- 36 Equal dignity in international human rights
- 37 Is human dignity a useless concept? Legal perspectives
- 38 Human dignity in French law
- 39 Human dignity in German law
- 40 Human dignity in US law
- 41 Human dignity in South American law
- 42 Human dignity in South African law
- 43 The Islamic world and the alternative declarations of human rights
- 44 The protection of human dignity under Chinese law
- 45 Human dignity in Japanese law
- 46 The place of dignity in the Indian Constitution
- Part V Conflicts and violence
- Part VI Contexts of justice
- Part VII Biology and bioethics
- Appendix 1 Further reading
- Appendix 2 Universal Declaration of Human Rights
- Index
- References
Summary
If we consider that the concept of human dignity appeared only quite recently (after the Second World War) as a legal reference, we may have doubts regarding its utility. Why should we consider useful a concept which was legally non-existent since Roman legal reasoning? But we may interpret the question posed in the title of this chapter to raise another issue: what is the meaning of utility in a legal perspective? All lawyers – whether in the tradition of common law or civil law – know that the law uses concepts to create legal categories and to qualify facts and situations in order to incorporate them in the social theatre in which we all live. In that sense, the rationality of the law tends to have useful social meanings and does not need purely theoretical or metaphysical concepts because they cannot serve its main purpose: to maintain the organization of the society on the basis of legal norms. I understand that the vagueness and uncertainty of the concept of human dignity may create some trouble and disinterest in using it as a legal reference, especially for those who conceive of law as a practical exercise which aims at finding the appropriate answers to precise questions (discussed in the first section below). However, as a pragmatic lawyer, I have also to consider that the concept of human dignity is already present in international law as well as in different domestic legislation. Its appearance during the second part of the twentieth century should not be neglected in understanding the message sent by its introduction in law (discussed in the second section below).
- Type
- Chapter
- Information
- The Cambridge Handbook of Human DignityInterdisciplinary Perspectives, pp. 362 - 367Publisher: Cambridge University PressPrint publication year: 2014
References
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