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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Main Author: Michał Najman
Format: Article
Language:English
Published: Bucharest University of Economic Studies 2021-10-01
Series:Juridical Tribune
Subjects:
Online Access:http://tribunajuridica.eu/arhiva/An11vs/4.%20M.%20Najman.pdf
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author_facet Michał Najman
author_sort Michał Najman
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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.
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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
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