Search citation statements
Paper Sections
Citation Types
Year Published
Publication Types
Relationship
Authors
Journals
In this article, we appraise an idea of human dignity (HD) as pragmatically oriented to support social rights claims. By analysing the role of dignitarian arguments in the constitutional-like case law of four European jurisdictions (France, the UK, Italy and Germany), we demonstrate that caution prevails about the possibility of using HD in each of these countries as an ultimate yardstick for upholding social policies. Such findings challenge the assumption that one can grasp HD as a legal notion through a foundational approach. In our view, neither HD reflects any natural or social essence of men and women, nor can it consequently be conceived as the source of universal fundamental rights. Instead, (1) we recommend a notion of HD as a status primarily conceived as a political-institutional (conventional) artefact. Thus, (2) we consequently sustain that dignity may pertain to states too, and we can see it as a way of reciprocating the duty to fair cooperation in a just society. In the same vein, (3) HD works best in the social realm when an expressive function, rather than a defining one, is recognised as its proper function. This aspect helps explain why HD is often called to support other principles in judicial argumentation. This notion of HD seems to us coherent with social rights as relying on a complex institutional arrangement centred on political responsibility and a commitment to social justice. Concerning the assessment of the conditions attached by the states to the enjoyment of welfare benefits, HD tells us that disproportionate sanctions, whose objective appears to be more a way of blackmailing welfare recipients than pursuing an ideal of fair reciprocity, do violate both the institutional dignity of public authorities and that of the persons affected.
In this article, we appraise an idea of human dignity (HD) as pragmatically oriented to support social rights claims. By analysing the role of dignitarian arguments in the constitutional-like case law of four European jurisdictions (France, the UK, Italy and Germany), we demonstrate that caution prevails about the possibility of using HD in each of these countries as an ultimate yardstick for upholding social policies. Such findings challenge the assumption that one can grasp HD as a legal notion through a foundational approach. In our view, neither HD reflects any natural or social essence of men and women, nor can it consequently be conceived as the source of universal fundamental rights. Instead, (1) we recommend a notion of HD as a status primarily conceived as a political-institutional (conventional) artefact. Thus, (2) we consequently sustain that dignity may pertain to states too, and we can see it as a way of reciprocating the duty to fair cooperation in a just society. In the same vein, (3) HD works best in the social realm when an expressive function, rather than a defining one, is recognised as its proper function. This aspect helps explain why HD is often called to support other principles in judicial argumentation. This notion of HD seems to us coherent with social rights as relying on a complex institutional arrangement centred on political responsibility and a commitment to social justice. Concerning the assessment of the conditions attached by the states to the enjoyment of welfare benefits, HD tells us that disproportionate sanctions, whose objective appears to be more a way of blackmailing welfare recipients than pursuing an ideal of fair reciprocity, do violate both the institutional dignity of public authorities and that of the persons affected.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.
customersupport@researchsolutions.com
10624 S. Eastern Ave., Ste. A-614
Henderson, NV 89052, USA
Copyright © 2024 scite LLC. All rights reserved.
Made with 💙 for researchers
Part of the Research Solutions Family.