How the dignity was understood in law in past and how it should be today
In the current legal discourse, the concept of dignity is becoming more common. It is considered the highest axiom, which every violation deserves to be condemned. However, we forget about the conceptual basis of a given concept, its history and original overtones. We do not remember that certain co...
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Format: | Article |
Language: | English |
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Bucharest University of Economic Studies
2021-10-01
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Series: | Juridical Tribune |
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Online Access: | http://tribunajuridica.eu/arhiva/An11vs/4.%20M.%20Najman.pdf |
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author | Michał Najman |
author_facet | Michał Najman |
author_sort | Michał Najman |
collection | DOAJ |
description | In the current legal discourse, the concept of dignity is becoming more common. It is considered the highest axiom, which every violation deserves to be condemned. However, we forget about the conceptual basis of a given concept, its history and original overtones. We do not remember that certain concepts are created solely to systematize the created or existing social and political situations. The purpose of the article is to attempt to answer the question of how to understand the concept of dignity in legal discourse. It is worth bearing in mind that dignity is indicated as "this" (value or maybe something else) from which human rights originate. That is why it should be rejected as a value because the value itself is not a value. However, one must opt for an objective understanding of dignity, rejecting its moral background proposed, among others by the doctrine of the Catholic Church, if we want to treat it as a legal category. |
first_indexed | 2024-04-24T12:26:28Z |
format | Article |
id | doaj.art-8cd25b7d07aa46d8adf543603b64308b |
institution | Directory Open Access Journal |
issn | 2247-7195 2248-0382 |
language | English |
last_indexed | 2024-04-24T12:26:28Z |
publishDate | 2021-10-01 |
publisher | Bucharest University of Economic Studies |
record_format | Article |
series | Juridical Tribune |
spelling | doaj.art-8cd25b7d07aa46d8adf543603b64308b2024-04-08T07:43:03ZengBucharest University of Economic StudiesJuridical Tribune2247-71952248-03822021-10-0111Special316331How the dignity was understood in law in past and how it should be todayMichał Najman0University of Łódź, Department of Law Policy, PolandIn the current legal discourse, the concept of dignity is becoming more common. It is considered the highest axiom, which every violation deserves to be condemned. However, we forget about the conceptual basis of a given concept, its history and original overtones. We do not remember that certain concepts are created solely to systematize the created or existing social and political situations. The purpose of the article is to attempt to answer the question of how to understand the concept of dignity in legal discourse. It is worth bearing in mind that dignity is indicated as "this" (value or maybe something else) from which human rights originate. That is why it should be rejected as a value because the value itself is not a value. However, one must opt for an objective understanding of dignity, rejecting its moral background proposed, among others by the doctrine of the Catholic Church, if we want to treat it as a legal category.http://tribunajuridica.eu/arhiva/An11vs/4.%20M.%20Najman.pdfdignityvaluelegal categorylaw |
spellingShingle | Michał Najman How the dignity was understood in law in past and how it should be today Juridical Tribune dignity value legal category law |
title | How the dignity was understood in law in past and how it should be today |
title_full | How the dignity was understood in law in past and how it should be today |
title_fullStr | How the dignity was understood in law in past and how it should be today |
title_full_unstemmed | How the dignity was understood in law in past and how it should be today |
title_short | How the dignity was understood in law in past and how it should be today |
title_sort | how the dignity was understood in law in past and how it should be today |
topic | dignity value legal category law |
url | http://tribunajuridica.eu/arhiva/An11vs/4.%20M.%20Najman.pdf |
work_keys_str_mv | AT michałnajman howthedignitywasunderstoodinlawinpastandhowitshouldbetoday |