In this piece I reply to comments on my book, The Mechanics of Claims and Permissible Killing in War, by Ralf Poscher and Pavlos Eleftheriadis. Poscher points out that my discussion of rights gave short shrift to the notion of dignity; my reply here gives me the welcome opportunity to correct that oversight. Eleftheriadis dissects my methodology, trying to shoehorn my theory into an existing category; my reply here gives me an opportunity to clarify why it is not just a (...) variation on a familiar theme but in fact it represents a new approach to rights. (shrink)

Once limited to issues in maritime and trade law, today the most recognizable examples of international law govern issues such as human rights, intellectual property, crimes against humanity and international armed conflicts. In many ways, this proliferation has been a welcomed development. However, when coupled with international law’s decentralized structure, this rapid proliferation has also posed problems for how we (and in particular judges) identify if, when, and where international law exists. This article puts forward a novel, dignity-based account for (...) how we answer this question: arguing that an international law exists if and only if it is consistent with respecting dignity. The upshot of this account is two-fold. First, it explains many features of international law that other theories leave unaccounted for or under-explained. And second, my dignity-based account provides for a mechanism through which the system can continue to be developed and improved. (shrink)

The mechanics of claims focusses predominantly on the claim to life. The claim to life is rooted in the autonomy principle, just like other specific claims. Still, the mechanics of claims does not have a systematic place for the fundamental negation of the status as an autonomous being as such. It is, however, the proctiction of the status as such, which is at the center of the protection of human dignity in German constitutional law. Looked at it from this perspective, (...) the protection of human dignity as the protection of the status of an autonomous human being, appears to be a blind spot of the mechanics of claims. The comment attempts to show, how this blindspot leads to inconsistencies in the mechanics of claims, and how they might be ameliorated if human dignity is considered as an absolute right independent of the claims to life. (shrink)

Historically contingent concepts like human dignity do not allow for the exclusion of historical considerations from their analysis. In order to demonstrate this, the present essay compares the positions of Hans-Johann Glock and Hans Blumenberg. While Glock deals with the convergence of analytic philosophy and historical approaches, Blumenberg highlights the importance of historical constants. Glock argues for a pragmatic historicism according to which historical inquiry is useful but not indispensable. Through comparison with Blumenberg’s position, it is shown that this assessment (...) is incomplete. It is then argued that there is a more fitting position, according to which historical inquiry is essential for some, though not all, concepts. This position is illustrated by the concept of human dignity, which cannot be adequately grasped without reference to its genesis. Blumenberg’s approach can thus help precisely where the connection between analytical philosophy and historical investigation in Glock’s sense falters. (shrink)

My aim in this paper is to show that the natural idea that humiliation is harmful calls explanation and to argue that the most straightforward ways of responding to this explanatory demand fall short in important ways. I end by considering a line of response which I take to be promising, which appeals to our need, as social animals, for interpersonal connection.

Early defenders of the Universal Declaration of Human Rights invoked species hierarchy: human beings are owed rights because of our discontinuity with and superiority to animals. Subsequent defenders avoided species supremacism, appealing instead to conditions of embodied subjectivity and corporeal vulnerability we share with animals. In the past decade, however, supremacism has returned in work of the new ‘dignitarians’ who argue that human rights are grounded in dignity, and that human dignity requires according humans a higher status than animals. Against (...) the dignitarians, I argue that defending human rights on the backs of animals is philosophically suspect and politically self-defeating. (shrink)

The idea of dignity is pervasive in political discourse. It is central to human rights theory and practice, and it features regularly in conceptions of social justice as well as in the social movements they seek to understand or orient. However, dignity talk has been criticized for leading to problematic exclusion. Critics challenge it for undermining our recognition of the rights of non-human animals and of many human individuals (such as children, the elderly, and people with disabilities). I argue that, (...) on a plausible articulation of it, the idea of dignity does not lead to these exclusions and that it in fact helps defend an appropriately inclusive moral and political treatment of all individuals. Difficult issues about equality and diversity indeed arise, but a dignitarian approach can provide good answers to them or at least help make them clearer and more tractable. (shrink)

ABSTRACT These comments focus on Part II of Pablo Gilabert's, Human Dignity and Human Rights. They make three main points. First, they stress the helpfulness of Gilabert's distinction between so-called “status” and “condition” dignity. Second, they raise doubts about Gilabert's understanding of the grounds of human dignity – in particular, whether these must include “valuable” features of human beings. And third, they ask whether Gilabert's account of dignity (as a measure of moral status) is not too distant from the everyday (...) understanding of dignity (as a measure of social status). (shrink)

Contemporary scientific and technological process leads to rethinking of human nature and its components including dignified treatment. Identification of the permissible treatment in genomic experiments draws the core discussion about the essence of human dignity. In this regard the article focuses on deep transformation of human dignity nature in terms of new biotechnological challenges and rapid development of genomic technologies. The author analyses main philosophical and legal conceptions of human dignity and concludes about guiding and interdisciplinary role of human dignity (...) in the human rights system and policy. The research goes on to define the somatic rights within the category of human rights and shows new aspects of exercises the somatic rights arisen in increased use of genomic technologies. Author compares philosophical doctrine of inherent generic dignity of every human being and personality theory in legal acts. The article pays special attention on the analyses of recent genomic achievements and genomic manipulation for the last 5 years where the subjects of manipulation are embryos and their tissues. Further, the article deals with philosophical, legal and medical justification of viability and sensitivity of human embryos and fetuses. The author considered the necessity of establishment the concept of moral status of embryo during genomic and genetic manipulations. (shrink)