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Menschenwürde und Selbstverfügung


Schaber, Peter (2012). Menschenwürde und Selbstverfügung. In: Byrd, Sharon B; Hruschka, Joachim; Joerden, Jan C. Themenschwerpunkt: Recht und Ethik im Werk von Jean-Jacques Rousseau. Berlin: Duncker und Humblot, 319-329.

Abstract

Human Dignity is a contested concept. It is unclear what it is means and also whether it has any meaning at all. But at the same time, it is an important concept used in many juridical and ethical discussions. Is it possible to give the concept of human dignity a precise meaning? It is argued in this paper that a precise concept of dignity should account for paradigmatic violations of dignity. It is the aim of this paper to show that dignity should be understood as having normative authority over oneself. Normative authority should not be taken as autonomy. Having normative authority over oneself is having a moral status from which rights can be derived. The violations of the derived rights are violations of autonomy, but not necessarily the violation of dignity. Dignity is the moral status autonomy is based on. We have rights of autonomy, because we have dignity, it is argued: a normative authority over ourselves.

Abstract

Human Dignity is a contested concept. It is unclear what it is means and also whether it has any meaning at all. But at the same time, it is an important concept used in many juridical and ethical discussions. Is it possible to give the concept of human dignity a precise meaning? It is argued in this paper that a precise concept of dignity should account for paradigmatic violations of dignity. It is the aim of this paper to show that dignity should be understood as having normative authority over oneself. Normative authority should not be taken as autonomy. Having normative authority over oneself is having a moral status from which rights can be derived. The violations of the derived rights are violations of autonomy, but not necessarily the violation of dignity. Dignity is the moral status autonomy is based on. We have rights of autonomy, because we have dignity, it is argued: a normative authority over ourselves.

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Additional indexing

Item Type:Book Section, not refereed, original work
Communities & Collections:06 Faculty of Arts > Institute of Philosophy
Dewey Decimal Classification:100 Philosophy
Language:German
Date:2012
Deposited On:05 Dec 2013 15:58
Last Modified:05 Apr 2016 17:13
Publisher:Duncker und Humblot
Series Name:Jahrbuch für Recht und Ethik
Number:20
ISSN:0944-4610
ISBN:978-3-4281-3960-6
Related URLs:http://opac.nebis.ch/F/?local_base=EBI01&con_lng=GER&func=find-b&find_code=090&request=000265597

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