Human Dignity and Judicial Interpretation of Human Rights: A Reply

Carozza, Paolo G.

doi:10.1093/ejil/chn059

Cited by 44 publications

(14 citation statements)

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“…The issue, as conducted by Christopher McCrudden and Paulo Carozza, is not one of function but of axiological stability, i.e. the basis of its normative force, not simply its functional efficacy (McCrudden, 2008; Carozza, 2008). There is agreement that dignity has a functional stability: it is a perennial part of our moral and legal vocabulary; it meets denigration of the person with an assertion of the worth of the person.…”

Section: Dignity: History Contestation and Methodologymentioning

confidence: 99%

Human dignity: comparative and conceptual debates

Riley

2010

International Journal of Law in Context

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Is there a stable set of practices or assumptions surrounding dignity, and would these necessarily denote a single foundation sustaining that stability? Two contemporary debates offer contrasting approaches to these questions. In the first, two jurists, who share agreement over the appearances of dignity in post-1945 jurisprudence, disagree as to whether these appearances form an emerging ius commune or a contingent set of conceptions. The second, comparative, debate explores the functional consequences of dignity’s aristocratic resonances. One position posits a continuing relationship between dignity and aristocratic nobility; the other, a functional division between dignity-within-aristocracy and dignity-within-democracy. This article insists that clarification of these debates depends upon a distinction between the epistemology and ontology of dignity, and, further, a distinction between dignity’s genealogy and its grammar. It concludes that a complex genealogical inheritance is at the heart of much disagreement, and that attention to dignity’s use clarifies its deficiencies and its continuing appeal.

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Section: Dignity: History Contestation and Methodologymentioning

confidence: 99%

Human dignity: comparative and conceptual debates

Riley

2010

International Journal of Law in Context

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“…56 Admittedly, there is also no consensus about what 'human dignity' precisely is and what its implications are, but traditionally judges have grounded human rights on human dignity and produced case law. 57 What makes the doctrine of basic needs quite interesting from a methodological point of view is its implied concept of 'instrumentality'. Since human survival is the central goal in the doctrine of basic needs, priorities of human rights are set in accordance to this goal.…”

Section: No Explicit Priorities In the Human Rights Implementation: A Tall Ordermentioning

confidence: 99%

Priorities and human rights

Quintavalla

Heine

2019

The International Journal of Human Rights

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This article intends to further the debate about a possible hierarchy in the implementation of human rights. To this end, it proposes a theory which may serve as a stepping stone towards the achievement of shared and well-defined priorities, taking scarcity as a starting point to analyse the implementation of human rights. The proposed theory builds on the so-called Maslow pyramid which displays a common pattern of behaviour aimed at addressing priorities based on human needs. Scrutinising its methodological principle we develop a theory based on 'instrumentality'. Although this allows for an informed ranking of human rights, it leaves the substantive importance of human rights untouched.

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“…The Kantian influence on the idea of dignity has shaped the modern understanding of the word, giving basis for some legal approaches in the Western world (Bostrom, 2007;Carozza, 2008;McCrudden, 2008;Riley, 2010), being even crucial to the understanding of human rights under a universalist perspective (Sarlet, 2008). The Universal Declaration of Human Rights of 1948, for example, welcomed "human dignity as a value to illuminate the universe of rights" (Piovesan, 2005, p. 46).…”

Section: An Approach To the Concept Of Dignitymentioning

confidence: 99%

Dignity in the Context of Organizations: A Look Beyond Modernity

Machado

Teixeira

2017

RAM, Rev. Adm. Mackenzie

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Purpose: This article aims to reflect, from the perspective of critical post modernity, on a possible conceptual proposition about dignity in organizations. Originality/gap/relevance/implications: In the field of organizational studies, dignity in organizations has not been considered through the perception of a world of intense movement of capital, technology, goods, workers, and employees between organizations, as well as the migration between countries of citizens of different countries. It is argued, therefore, that the design of such phenomenon should examine in depth the respect for different knowledges, besides the idea of interculturalism. Key methodological aspects: As there are few papers written about this theme, our paper is a theoretical essay. Summary of key results: Taking the concept of dignity as a starting point, we tried first to outline a conceptual approach aimed at transposing its sociopolitical perspective, and then to propose a perspective on dignity in organizations that transcends modernity. Ideas on the ecology of knowledges, relationships of shared authority, and respect for the principles of equality and difference, beyond reciprocal recognition and the availability for mutual enrichment, were the qualifying elements in defining our conceptual propositions. Key considerations/conclusions: As a theoretical contribution, we sought to introduce a new perspective on the dignity phenomenon; thus, we tried to break through, in this field of studies, with a view that understands dignity and emancipation as a single concept, in which the new element would be interculturalism.

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Human Dignity and Judicial Interpretation of Human Rights: A Reply

Cited by 44 publications

References 0 publications

Human dignity: comparative and conceptual debates

Human dignity: comparative and conceptual debates

Priorities and human rights

Dignity in the Context of Organizations: A Look Beyond Modernity

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