Abstract

http://ssrn.com/abstract=1303427
 
 

Citations (1)



 
 

Footnotes (128)



 


 



A Human Dignitas? The Contemporary Principle of Human Dignity as a Mere Reappraisal of an Ancient Legal Concept


Stéphanie Hennette-Vauchez


EUI / Robert Schuman Center

July 2008

EUI Working Papers LAW No. 2008/18

Abstract:     
This paper suggests that the contemporary principle of human dignity in so far as it is used as means of limiting the exercise of individual freedom (in such landmark cases as the dwarf-throwing ones, as well as when used against prostitution, certain sexual conducts or the right to refuse medical treatment), does not have much to do with the human dignity principle that was consecrated after WWII. Rather, it shares many a resemblance with the ancient concept of dignitas, for it has the same function (ground obligations -and not rights), structure (obligations towards oneself) and regime (inalienability). The bondage between contemporary and ancient dignity is a crucial one, for it implies that the foundation of human rights paradigm, very common to post WWII usages of human dignity, can no longer serve as a justification for the human dignity principle.

Number of Pages in PDF File: 30

Keywords: human dignity, fundamental rights, obligations

working papers series





Download This Paper

Date posted: November 20, 2008  

Suggested Citation

Hennette-Vauchez, Stéphanie, A Human Dignitas? The Contemporary Principle of Human Dignity as a Mere Reappraisal of an Ancient Legal Concept (July 2008). EUI Working Papers LAW No. 2008/18. Available at SSRN: http://ssrn.com/abstract=1303427 or http://dx.doi.org/10.2139/ssrn.1303427

Contact Information

Stéphanie Hennette-Vauchez (Contact Author)
EUI / Robert Schuman Center ( email )
Via dei Roccettini 9
via delle Fontanelle 10
50016 San Domenico di Fiesole, Florence 50014
Italy
Feedback to SSRN


Paper statistics
Abstract Views: 889
Downloads: 247
Download Rank: 73,422
Citations:  1
Footnotes:  128

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo4 in 0.312 seconds