ЈЕДНА НОВИЈА ДЕБАТА О ЉУДСКОМ ДОСТОЈАНСТВУ И ПРОБЛЕМ ТРАГИЧНОГ И АПСУРДНОГ У ПРАВУ
A RECENT DEBATE ON HUMAN DIGNITY AND THE PROBLEM OF TRAGIC AND ABSURD IN LAW

Summary/Abstract: The author of the leading interpretation of the guarantee of human dignity in German constitution of the second half of the twentieth century was German lawyer Günter Dürig. At the core of his analysis of the concept of dignity, placed on the top of the Bonn constitution, was the equalization of dignity with the essence of human rights alongside with his statement that dignity understood as their „untouchable“ (unantastbar) substance should be ultimately and infinitely protected. The new millennium brought a more radical turn from this influential legal understanding of human dignity. Although not isolated in his venture of critique of Dürigs analysis, Matthias Herdegens new interpretation of the first article was even more distinct for its clear abandon of the basic ideas of his predecessor as well as for the fact that it actually replaced the Dürigs paradigmatic commentary. The author of this article analyses Herdegens interpretation of the concept of human dignity and compares it to the preceding but also rival Dürigs understanding.

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