In classical literature on Islamic human rights, the concepts of dignity and honour are used interchangeably. Distinguishing modern and pre-modern conceptions of human life’s value, dignity represents a value everyone possesses simply in virtue of being human, regardless of social hierarchy or religious preference. Honour, on the contrary, demonstrates a status which someone achieves because of a religious or societal preference. I will explain this difference further, relying on the works of Peter Berger and Charles Taylor. Afterwards, I argue that (...) a large group of Muslim scholars who have tried to articulate a coherent Islamic version of human rights have neglected this crucial difference. I will focus my discussion on two scholars, Abdulaziz Sachedina and Mohammad Hashim Kamali, as examples of scholars who have neglected the difference. My conclusion is that anybody who intends to confront this topic must be clear about the difference between dignity and honour; otherwise, any argument for the compatibility or incompatibility in question is doomed to failure. (shrink)

The right not to be subjected to torture, cruel, inhuman or degrading treatment or punishment is invariably associated with ‘human dignity’. The idea of dignity plays some role in this right’s interpretation, although the content of the idea in this context, as in others, is unclear. Making sense of the dignity idea involves a number of challenges. These challenges give rise to the methodological-type question at the heart of this article: how should human rights lawyers go about articulating the content (...) of ‘dignity’? The article proposes, and models, a methodological approach in response. Its core argument is that human rights law needs the vocabulary provided by theorizations of dignity but that these theorizations should be anchored in authoritative human rights jurisprudence. It argues that this approach can help make sense of the dignity idea in a way that facilitates a richer understanding of its influence on interpretation. (shrink)

What are “human rights” supposed to protect? According to most human rights doctrines, including most notably the Universal Declaration of Human Rights , human rights aim to protect “human dignity.” But what this concept amounts to and what its source is remain unclear. According to Glenn Hughes , human rights theorists ought to consider human dignity as an “intrinsically heuristic concept,” whose content is partially understood but is not fully determined. In this comment, I criticize Hughes's account. On my view, (...) understanding inherent human dignity as an intrinsically heuristic concept tethers it to an “indeterminateness of sense,” which leaves it open to exploitation from theorists unsympathetic to the moral salience of rights and what rights are supposed to protect. (shrink)

El articulo explora una alternativa distinta sobre la posible comprensión kantiana de los derechos humanos a la que se muestra en un par de contribuciones recientes por parte de Jürgen Habermas y Otfried Höffe. Se intenta mostrar que la manera como estos teóricos defienden la eventual aportación de Kant a los derechos humanos, sustentada en su apriorística y trascendental doctrina moral, no resiste el análisis si de lo que se trata es defender la cualidad humana de los derechos humanos y (...) su universalidad. En su lugar, y teniendo como base el concepto del “fenómeno de los derechos humanos” defendido por el filósofo y jurista argentino Eduardo Rabossi, se busca mostrar que la posición histórica y antropológica, no trascendental, que Kant sostiene en torno a la relación entre revolución y progreso moral en uno de sus textos sobre El conflicto de las facultades se ajusta más persuasivamente a lo que estos derechos representan. (shrink)

The article highlights the potential that African and Black Philosophy can contribute towards the debates on human dignity. It facilitates a three-way philosophical conversation among the Western, African, and Black conceptions of human dignity. It is motivated by the skepticism in the African and Black approaches to ethics that reject the view that some ontological capacity can ground intrinsic value, or human dignity. The article distinguishes the merit-based (the African and Black Philosophy) from the capacity-based approaches (the Western philosophy) to (...) human dignity. In light of the comparisons among the three theories of human dignity, the article identifies three important lessons for moral-political philosophy. First, the Western conception of human dignity needs to explain and justify grounding of value on a descriptive feature. Secondly, the Black conception of dignity is a version of virtue-based account of it, which places a prime on resistance and struggle against domination. Finally, the capacity-based approach seems to have moral-theoretic advantages in dealing with issues in bioethics, environmental ethics, and political philosophy, which the African and Black conceptions of human dignity seems not to have. (shrink)

Public health ethics is a subfield of bioethics that focuses on population health. This study aims to conform the principles of biomedical ethics to Islamic values in the context of public health. It culturally helps to optimize health care delivery. The approach is based on the method of immanent critique. The principle of the common good in Islam has a rational justification to draw public interests and ward off harms. The rule of “no harm”, with an emphasis on the preferability (...) of preventing harm to increase benefits, is consistent with the principle of utility, intending to produce a maximum balance of benefit over harm in the context of public health. Thus, on the one hand, the government is obliged to prevent harm and improve public benefits and, on the other hand, as a steward of health and with reference to the article “limitation of the ownership dominance”, it has the right to protect public health with the least justifiable harm. Islam attention to human dignity, individual justice and good will in the rule of goodness implies that Islam, beyond distributive justice, knows that human flourishing and the cultivation of moral virtues are a requisite for the realization of social justice. The present study discusses about the adjustment of the principles of PHE to the principles of the Islamic jurisprudence and, at the same time, it explains why the optimal PH in Muslim societies requires research in order to define accurate indicators of benefit and harm based on the teachings of revelation and reason. (shrink)

This essay responds to Bharat Ranganathan's “Comment” on my essay, “The Concept of Dignity in the Universal Declaration of Human Rights” . Addressing key criticisms in this “Comment,” I make the following points. First, neither the idea of inherent dignity being “imparted” to humans, nor the Universal Declaration's implication—through its use of terms such as “inherent” and “inalienable”—that humans participate in transcendent reality, necessarily presuppose a Christian metaphysics. Second, a concept such as “inherent dignity” must be affirmed to be intrinsically (...) heuristic unless we are to assume that its meaning can be completely known within the conditions of existence; but this affirmation does not render such concepts “indeterminate of sense.” Finally, Ranganathan's distinction between“weak” and “strong” senses of transcendence is untenable. If human truths beyond all contingencies are knowable , then there must be a real dimension of meaning that transcends all contingencies. (shrink)

The invention of development as public discourse began with US President Truman’s 1949 speech that trumped up an illusion of global material prosperity based on a total restructuring of the ‘developing’ world on the model of development and material achievement of the West. Truman argued that this painful process was the only recipe for world prosperity. After decades of serious engagement on development discourse and multiple implementations of successive theories, the situation of the developing countries has not improved as rapidly (...) as expected. At the same time, the developed countries are experiencing various forms of financial crises. This article acknowledges the professionalisation of development discourse, and proposes humanising development discourse in Africa in the light of Christian anthropology. This vision of integral development promotes the common good on the basis of God’s love and respect for the uniqueness of the human person. (shrink)