Human Dignity and Its Premises in the Pandemic Crisis
Human Dignity and Its Premises in the Pandemic Crisis
Author(s): Gabriela NemtoiSubject(s): Law, Constitution, Jurisprudence, Administrative Law
Published by: Editura Lumen, Asociatia Lumen
Keywords: Rights and freedoms; the right to life; human dignity; crisis situation;
Summary/Abstract: Human dignity is a component that is part of the quality of existing as a human being even if the latter is the product of creationism or evolutionism. In its content, dignity is the carrier of complex scientific valences, combining the philosophical-religious paradigm with the legal one. In this context, the literature presents human dignity as an aspect traditionally associated with the division of public law, which evokes a super-positive reality, synthesizing elements of religion, ethics and morals located in a position superior to positive law, orienting the latter.The modern meaning given to human dignity oscillates between the illustrative character and the prescriptive character being constituted, in a complex sense, by the fusion between the moral content and the coercive right (Habermas, 2010, pp. 464-480) and, from another perspective, a stable notion that presupposes an objective moral principle that makes possible the legal recognition of human rights. The inability to include human dignity as a right in a unitary conceptualization leads, first of all, to the vast philosophical hermeneutics that is implicit in the discourse on dignity.
Journal: European Journal of Law and Public Administration
- Issue Year: 8/2021
- Issue No: 2
- Page Range: 1-14
- Page Count: 14
- Language: English