The present article aims to analyze systematically the formularization of Kant on the dignity of the human person, in order to offer a interpretative direction to the jurists at the moment of the application of this principle, which today appears as one of the beddings of the Democratic State of Law(art. 1o, III, of the Federal Constitution of 1988). To carry through such task, the work is divided in two parts: the first one studies the conceptual elements of the (...) moral philosophy of Kant, having as base the book Groundwork of the Metaphysics of Morals. The second one investigates the main aspects of the principle of the dignity of the human person - its origin, its meaning and its limits - according to the thought of this philosopher. In this perspective, the kantian's categorical imperative prescribes that the rational being never must be treated merely as a mean, but always as end in itself. (shrink)

"Dignity as a Quality of Person: Types of Dignity – a Proposed Systematisation" This study aims to identify various meanings of the expression (name) “dignity”, with particular emphasis on the meanings of the expression as it appears in the text of the Constitution of the Republic of Poland. The meaning of the name “dignity” is the concept of dignity; in turn, the concept of dignity encompasses dignity of particular types. Twelve different meanings of (...) the expression “dignity” are indicated – twelve different concepts of dignity, and thus twelve types of dignity. Half of them are meanings (concepts) that recognize dignity as something belonging to a human being as a subject of law, and this essay is devoted to this group of meanings. This group of meanings includes three concepts of dignity which encompass dignity as something constitutive of being a person: (1) inherent dignity of the person, (2) dignity established by qualities specific to a thinking being, and (3) dignity as a historically emergent social status of all human beings. Only the first of these three concepts of dignity is adequate to the interpretation of the preamble and art. 30 of the Polish Constitution. The second group of meanings, treating dignity as something with which the human being is endowed, includes concepts which encompass (4) personal dignity (honour and good reputation), (5) dignity as moral excellence, and (6) dignity as appropriateness of attitude or behaviour. The other half of the meanings take dignity as something that belongs to something. These meanings will be considered in the forthcoming essay Godność jako cecha podmiotów zbiorowych i godność jako cecha ugruntowana instytucjonalnie. Typy godności – propozycja systematyzacji [Dignity as an Attribute of Collective Entities and Dignity as an Institutionally Grounded Attribute: Types of Dignity – a Proposed Systematisation]. The Constitution of the Republic of Poland speaks of (1) the dignity of the Nation, (2) the dignity of office or function, and (3) public dignity. The expression “dignity” when designating something belonging to something can also designate (4) the dignity of social status based on belonging to a social group, (5) the dignity of a profession, and – specifically to the Polish language – (6) dignity meaning a surname. The author argues that it is unacceptable to ascribe different concepts of dignity to the expression “dignity” appearing in a specific legal provision. STRESZCZENIE Opracowanie zmierza do identyfikacji różnych znaczeń wyrażenia (nazwy) „godność”, ze szczególnym uwzględnieniem znaczeń tego wyrażenia występującego w tekście Konstytucji RP. Znaczeniem nazwy „godność” jest pojęcie godności; z kolei pojęcie godności ujmuje samą godność danego typu. Wskazanych zostaje dwanaście różnych znaczeń wyrażenia „godność” – dwanaście różnych pojęć godności, zatem i dwanaście jej typów. Połowa z nich to znaczenia (pojęcia), które ujmują godność jako coś przynależnego człowiekowi jako podmiotowi i tym znaczeniom (i odpowiadającym im typom godności) poświęcone jest niniejsze opracowanie. W tej grupie znaczeń odróżnione zostają trzy pojęcia godności, które ujmują godność jako coś konstytutywnego dla bycia osobą – (1) przyrodzoną i niezbywalną godność osobową, (2) godność opartą na obserwowalnych i zmiennych cechach specyficznych dla istoty rozumnej i (3) godność opartą na historycznie ukształtowanym statusie społecznym przypisanym wszystkim ludziom. Jedynie pierwsze z tych pojęć jest adekwatne do interpretacji preambuły i art. 30 Konstytucji RP. W drugiej grupie znaczeń ujmujących godność jako coś przysługującego człowiekowi są pojęcia ujmujące godność jako cechę osoby – (4) godność osobistą (cześć i dobre imię), (5) godność osobowościową (poziom moralny) oraz (6) godność jako dyspozycja do stosownego sposobu bycia. Druga połowa znaczeń ujmuje godność jako coś przynależnego czemuś lub jako coś o charakterze konwencjonalnym, instytucjonalnym. Te znaczenia będą omawiane w kolejnym opracowaniu Godność jako cecha podmiotów zbiorowych lub cecha ugruntowana instytucjonalnie. Typy godności – Propozycja systematyzacji – Część 2. Konstytucja RP mówi o (1) godności Narodu, (2) godności urzędu lub funkcji, oraz o (3) godności publicznej (godnościach publicznych. Wyrażenie „godność” jako desygnujące coś przynależnego czemuś może także desygnować (4) godność statusu społecznego opartego na przynależności do jakiejś grupy społecznej, (5) godność zawodu oraz – co specyficzne dla języka polskiego – (6) godność jako nazwisko. Autor argumentuje, że niedopuszczalne jest przypisywanie wyrażeniu „dignity” występującym w danym przepisie prawnym, różnych pojęć godności. (shrink)

As the world population is rapidly aging, stakeholders must address the care of the elderly with great concern. Also, loss of dignity is often associated with aging due to dementia, mobility problems and diminished functional autonomy. However, dignity is a polysemic term that is deemed useless by some ethicists. To counter this claim, we propose four concepts to define it better and make use accurately of this notion. These are human dignity, dignity of identity, dignities of (...) excellence and attributed dignities. Finally, we explain the importance of solicitude and human dignity in the care of the elderly. This will ensure the respect, friendship and dignity of the elderly in providing geriatric ethical care. (shrink)

With robots being introduced into caregiving, particularly for older persons, various ethical concerns are raised. Among them is the fear of replacing human caregiving. While ethical concepts like well-being, autonomy, and capabilities are often used to discuss these concerns, this paper brings forth the concept of social dignity to further develop guidelines concerning the use of robots in caregiving. By social dignity, we mean that a person’s perceived dignity changes in response to certain interactions and experiences with (...) other persons. In this paper, we will first present the concept of social dignity, and then identify a niche where robots can be used in caregiving in an ethical manner. Specifically, we will argue that, because some activities of daily living are performed in solitude to maintain dignity, a care recipient will usually prefer robotic assistance instead of human assistance for these activities. Secondly, we will describe how other philosophical concepts, which have been commonly used to judge robotic assistance in caregiving for the elderly so far, such as well-being, autonomy, and capabilities, are less useful in determining whether robotic assistance in caregiving is ethically problematic or not. To conclude, we will argue that social dignity offers an advantage to the other concepts, as it allows to ask the most pressing questions in caregiving. (shrink)

I reconsider the concept of dignity in several ways in this article. My primary aim is to move dignity in a more relational direction, drawing on care ethics to do so. After analyzing the power and perils of dignity and tracing its rhetorical, academic, and historical influence, I discuss three interventions that care ethics can make into the dignity discourse. The first intervention involves an understanding of the ways in which care can be dignifying. The second (...) intervention examines whether the capacity to care should be considered a distinguishing moral power – as rationality often is – in light of which humans have dignity. In the third intervention, I cast dignity as a fundamentally relational concept and argue that relationality is constitutive not only of dignity but also of the wider enterprise of normativity. I understand relationality as the condition of connection in which all human beings stand with some other human beings. A thought experiment involving the last person on earth helps to reframe the normative significance of human relatedness. Dignity emerges as fundamentally grounded in relationality. (shrink)

Kant’s Formula of Humanity (FH) is considered by many, Kant included, to be the most intuitively appealing formulation of the categorical imperative. FH tells us that to treat persons with dignity and respect we must always treat them as ends in themselves and never as mere means. One set of issues raised by FH revolves around how FH is to be justified or grounded and how it relates to the other formulations of the categorical imperative. This set of issues, (...) though important, is not our focus here. Instead, we shall focus on a different set of issues: how do we apply or use this formula in practice, that is, how does this principle work as a moral guide to what duties and obligations we have in particular cases? This paper will seek to answer that question by defending an interpretation and rational reconstruction of FH in terms of two subsidiary principles, the Mere Means Principle (MMP), which grounds perfect duties, and the Ends in Themselves Principle (ETP), which grounds imperfect duties. These two principles will then be applied to a number of examples to illustrate how they work. (shrink)

This paper offers a justification of labor rights based on an interpretation of the idea of human dignity. According to the dignitarian approach, we have reason to organize social life in such a way that we respond appropriately to the valuable capacities of human beings that give rise to their dignity. That dignity is a deontic status in virtue of which people are owed certain forms of respect and concern. Dignity at work involves the treatment of (...) people in accordance to the ideal of solidaristic empowerment as it pertains to their life as workers. This requires that we generate feasible and reasonable social schemes to support each other as we pursue the development and exercise of our valuable capacities to produce in personally and socially beneficial ways. The spectrum of dignitarian justice goes from basic rights to decent working conditions to maximal rights to flourish in working practices that are free from domination, alienation, and exploitation. (shrink)

The term “value of life” can refer to life’s intrinsic dignity: something nonincremental and time-unaffected in contrast to the fluctuating, incremental “value” of our lives, as they are longer or shorter and more or less flourishing. Human beings are equal in their basic moral importance: the moral indignities we condemn in the treatment of e.g. those with dementia reflect the ongoing human dignity that is being violated. Indignities licensed by the person in advance remain indignities, as when people (...) might volunteer their living, unconscious bodies for surrogacy or training in amputation techniques. Respect for someone’s dignity is significantly impacted by a failure to value that person’s very existence, whatever genuine respect and good will is shown by wanting the person’s life to go well. Valuing and respecting life is not, however, vitalism: there can be good and compelling reasons for eschewing some means of prolonging life. (shrink)

Self-authorship is fundamental to respecting the dignity of persons, and epistemic credibility depends upon impartial review. While these claims may seem obviously true, they arguments for them are rarely given. In a supposedly "post-truth" world in which respect for individual rights is under attack, the obvious must be argued for and reiterated. To that end, I mine sources from the European Enlightenment (Bacon, Hume, Kant, and Mill) to make the case for self-authorship and impartial review.

The words of Father Professor Dumitru Staniloae have largely found their meaning in the documents of the Council of Crete. “The Mission of the Church in Today’s World” asks itself for a present apologetic message renewal. The theological debate on what are the meanings of “the dignity of the human person” is therefore more than a necessity of our days. Under these conditions inter-Christian and inter-religious dialogue take place, overcoming radical fundamentalism. By grasping the fact that “God is everything (...) in all the things”, we will be able to overcome any preconception and become true confessors of the gospel in the nowadays world. (shrink)

Perfectionism about well-being is, at a minimum, the view that people’s lives go well when, and because they realize their capacities. It is common to link perfectionism with an idea of human essence or nature, to yield the view that what constitutes people’s well-being is the development and exercise of characteristically human capacities. The first part of this paper considers the very serious problems associated with the idea of human nature or essence, and argues that perfectionism would be more plausible (...) if it abandons reliance on it and focuses instead on the unfolding of some valuable capacities that need not be unique to, or shared by all human beings. This revised perfectionism is evaluative all the way down, pragmatic but not unprincipled, and holistic. In its second part, the paper articulates this account in terms of the dignitarian approach—the view that we have reason to organize our personal and social life in such a way that we respond appropriately to the valuable features of individuals that give rise to their dignity. Dignity is a non-conventional, normative status based on a diverse and disjunctive set of valuable capacities. The dignitarian approach helps develop, defend, and identify the implications of the revised perfectionism suggested in the previous part of the paper while also allowing us to make sense of the role of some generalizations that animated some of the plausibility of traditional perfectionism—and this without the pitfalls of reliance on an idea of human nature. On this paper’s proposed view—Dignitarian Perfectionism—human individuals’ well-being consists, at least in part, in developing and exercising the capacities at the basis of their dignity. (shrink)

That Kant’s moral thought is invoked by both advocates and opponents of a right to assisted dying attests to both the allure and and the elusiveness of Kant’s moral thought. In particular, the theses that individuals have a right to a ‘death with dignity’ and that assisting someone to die contravenes her dignity appear to gesture at one of Kant’s signature moral notions, dignity. The purposes of this article are to outline Kant’s understanding of dignity and (...) its implications for the ethics of assisted dying. According to Kant, that which has dignity must be treated as an end in itself and may not permissibly be exchanged for that which merely has price. Kant’s reasoning thus seems to preclude acts of self-killing, including voluntary assisted dying, that rest on individual self-interest, since a person’s interests merely have price. However, a recognizably Kantian view of dignity can permit assisted dying under two sets of circumstances: First, it can be permissible for agents who anticipate a degradation of their rational agency due to conditions such as dementia to direct others to end their lives once sufficiently demented. In so doing, such agents in effect exercise a right to impose obligations on others regarding how their bodies, which will at some future point no longer be the vessels of their rational agency, are to be disposed of. Second, Kant errs in supposing that our dignity can stem solely from our moral personality, i.e., from our capacity to abide by universalizable moral principles. Rather, complete dignity also requires the capacity for setting discretionary ends and the means to those ends, i.e., the dignity of humanity. Individuals with prolonged and intense depression, in severe pain, or with serious disability may lack humanity while retaining their moral personality. In such cases, I propose that their opting to end their lives, with or without the assistance of others, does not amount to exchanging their dignified selves for something which merely has price and is therefore not objectionable on Kantian grounds. (shrink)

In contemporary positive law there are legal institutions, such as conscientious objection in the context of military service or “conscience clauses” in medical law, which for the sake of respect for judgments of conscience aim at restricting legal obligations. Such restrictions are postulated to protect human freedom in general. On the basis of Thomas Aquinas’ philosophy, it shall be argued that human dignity, understood as the existential perfection of a human being based on special unity, provides a foundation for (...) imposing limitations on the scope of legal obligations in general. Human freedom plays a crucial role in understanding dignity as perfection based on the special individuality of a personal being, which in turn is based on the free choice to pursue a unique way of life. Therefore, Aquinas’ argumentation is, at its core, liberal – the perfection rather than the imperfection of a human being underlies the requirement to limit legal obligations. Dignity understood as the special unity of a person also provides the basis for limiting obligations in the case of conscientious objection; however, in that case, such limitations aim at safeguarding internal integrity rather than the individualisation of a given way of life. _This project was financed with funds from the National Science Centre allocated on the basis of the decision number DEC-2013/09/B/HS5/04232._. (shrink)

This paper explores the connections between human rights, human dignity, and power. The idea of human dignity is omnipresent in human rights discourse, but its meaning and point is not always clear. It is standardly used in two ways, to refer to a normative status of persons that makes their treatment in terms of human rights a proper response, and a social condition of persons in which their human rights are fulfilled. This paper pursues three tasks. First, it (...) provides an analysis of the content and an interpretation of the role of the idea of human dignity in current human rights discourse. The interpretation includes a pluralist view of human interests and dignity that avoids a narrow focus on rational agency. Second, this paper characterizes the two aspects of human dignity in terms of capabilities. Certain general human capabilities are among the facts that ground status-dignity, and the presence of certain more specific capabilities constitutes condition-dignity. Finally, this paper explores how the pursuit of human rights and human dignity links to distributions and uses of power. Since capabilities are a form of power, and human rights are in part aimed at respecting and promoting capabilities, human rights involve empowerment. Exploring the connections between human rights, capabilities, and empowerment provides resources to defend controversial human rights such as the right to democratic political participation, and to respond to worries about the feasibility of their fulfillment. This paper also argues that empowerment must be coupled with solidaristic concern in order to respond to unavoidable facts of social dependency and vulnerability. (shrink)

Human dignity, a normative category developed by the Colombian Constitutional Court, is seen from "humanist constitutionalism", due to its functionality for the configuration of the fundamental human right of access to the Internet that translates into a digital vital minimum of the human person, emphasizing in the inclusion of the poor and vulnerable affected by digital inequality. A complex fundamental hyperright that obliges the State to guarantee the human rights of their essential core and formulate public policies for their (...) effective satisfaction inherent in the realization of the valuable life project of the person and their effective functioning in society. (shrink)

Za „ojca” filozoficznej kategorii „godności”, która legła u podstaw kategorii prawnej, uznawany jest powszechnie Immanuel Kant. Przypomnieć jednak trzeba, że w bardzo podobny sposób, choć w zasadniczo odmiennym kontekście systemowym, charakteryzował godność Tomasz z Akwinu, pół tysiąca lat wcześniej, uznając ją za fundament bycia osobą. Stąd najistotniejszym i centralnym elementem, tytułowej, klasycznej koncepcji człowieka jest koncepcja godności. Akwinata jest autorem bodaj najbardziej rozbudowanej koncepcji osoby w tradycji filozofii klasycznej. Co więcej zmierzać będę do wykazania, że jego koncepcja lepiej nadaje się (...) do teoretycznego ugruntowania praw człowieka niż koncepcja Kanta. Rekonstruując propozycję Kanta ograniczam się, zasadniczo rzecz biorąc, do analizy Uzasadnienia metafizyki moralności. Interesować będą mnie zagadnienia podstawowe, przede wszystkim – wynikające z różnicy kontekstów systemowych – różnice w pojmowaniu bycia celem samym w sobie. W perspektywie ontologicznej koncentrować się będę na powiązaniu godności z indywidualnością; w perspektywie antropologicznej – na tym, jakiego typu działania stanowią o doskonałości człowieka, jakie działania (czym określone) realizują człowieka jako cel sam w sobie. W szczególności interesować się będę miejscem rozumu i woli w określaniu treści działań (w perspektywie kantowskiej będzie to pytanie o określenie treści powinności; w perspektywie Tomasza – pytanie o treść realizowanego dobra). Zasadnicze pytanie, które leży u podłoża podjętej problematyki antropologicznej, jest pytaniem o to, na ile dla pojmowania godności istotne jest uznanie woli jako w sposób wolny współokreślającej treść powinności (Kant) lub dobra (Akwinata), a na ile woli jedynie podążającej za poznaną powinnością lub poznanym dobrem. Zmierzać będę do uzasadnienia tezy, że koncepcja Akwinaty w ugruntowaniu godności akcentuje wprost indywidualność opartą na wyborze czegoś, co nie jest jednoznacznie treściowo obiektywnie zdeterminowane i co wykracza poza to, co powszechne, poza to, co gatunkowe; natomiast koncepcja Kanta godność wiąże przede wszystkim z tym, co powszechne, gatunkowe i zapoznaje doniosłość indywidualności dla pojmowania godności. (shrink)

This study aims to identify various meanings of the expression (name) “dignity”, with particular emphasis on the meanings of this expression as it appears in the text of the Constitution of the Republic of Poland. The meaning of the name “dignity” is the concept of dignity; in turn, the different concepts of dignity encompass dignity of particular types. Twelve different meanings of the expression “dignity” are indicated – twelve different concepts of dignity, and (...) thus twelve types of dignity. Half of them are meanings (concepts) that recognize dignity as something belonging to a human being as a subject of law. They were considered in the essay Godność jako właściwość osoby. Typy godności – propozycja systematyzacji [Dignity as a Quality of Person – a Proposed Systematisation]. This group of meanings includes three concepts of dignity which recognize dignity as something constitutive of being a person: (1) inherent dignity of the person, (2) dignity established by qualities specific to a thinking being, and (3) dignity as a historically emergent social status of all human beings. The second group of meanings, treating dignity as something with which the human being (the person) is endowed, includes concepts which encompass (4) personal dignity (honour and good reputation), (5) dignity as moral excellence, and (6) dignity as appropriateness of attitude or behaviour. -/- Dignity as an attribute of collective entities and dignity as an institutionally grounded attribute are a subject of this paper. The Constitution of the Republic of Poland speaks of (1) the dignity of the Nation, (2) the dignity of office or function, and (3) public dignity. The expression “the dignity of the Nation” can be understood in four different ways: (i) analogously to the understanding of dignity of the person, (ii) of personal dignity, (iii) of dignity as moral excellence, and (iv) of dignity as appropriateness of attitude or behaviour. The expression “dignity” when designating something institutionally grounded can designate (4) the dignity of social roles, (5) the dignity of a profession, and – specifically to the Polish language – (6) dignity meaning a surname. -/- The author argues that it is unacceptable to ascribe different concepts of dignity to the expression “dignity” appearing in a specific legal provision. (shrink)

If our sense of happiness is closely connected to brain functions, it might become possible to manipulate our brain in a much more refined and effective way than current methods allow. In this paper I will make some remarks on the manipulation of the sense of happiness and illuminate the relationship between human dignity and happiness. The President’s Council on Bioethics discusses this topic in the 2003 report Beyond Therapy, and concludes that the use of SSRIs might make us (...) “feel happy for no good reason at all, or happy even when there remains much in one’s life to be truly unhappy about.” I will extend their line of thought through two thought experiments. In the first, a “perfect happiness” drug is given to a person, and in the second a happiness device with an on/off switch is placed inside a person. The first case leads us to conclude that a life with dignity means a life free from domination by the sense of happiness and the sense of unhappiness. The second case leads us to conclude that a life with dignity requires substantive freedom to choose unhappiness. At the end of this paper, I present a new interpretation of “human dignity,” that is, “a life with dignity means a life in which we are able to explore our own life, equipped with both happiness and unhappiness, without regret, through relationships with others, without being exploited by the desires of anyone, and without being dominated by our own desires.”. (shrink)

Kant has famously argued that human beings or persons, in virtue of their capacity for rational and autonomous choice and agency, possess dignity, which is an intrinsic, final, unconditional, inviolable, incomparable and irreplaceable value. This value, wherever found, commands respect and imposes rather strict moral constraints on our deliberations, intentions and actions. This paper deals with the question of whether, as some Kantians have recently argued, certain types of (physician-assisted) suicide and active euthanasia, most notably the intentional destruction of (...) the life of a terminally-ill, but rational and autonomous patient in order to prevent certain serious harms, such as enduring or recurring pain or the loss of the meaning in life, from befalling him really are inconsistent with respect for the patient’s human dignity. I focus on two independent, though interrelated explications of the rather vague initial idea that the patient (as well as the doctor), in intending and bringing about his death, treats his person or rational nature merely as a means and so denigrates his dignity: (i) that in doing what he is doing, he does not act for the sake of his person, but for the sake of something else; (ii) that, by trading his person for pain relief, he engages himself in an irrational and hence immoral exchange. After critically discussing some suggestions about how to understand this charge, I eventually find Kantian objections to suicide and (active) euthanasia, based on the idea of human dignity, less than compelling. For all the paper proves, suicide and (active) euthanasia may still be morally impermissible, but then this must be so for some other reason than the one given above. (shrink)

Today, dignity recognized as a fundamental value across legal systems is equal, inherent and inalienable, inviolable, is the source of human rights and is essential for its subject to be recognized as an autotelic entity (an end in itself) that cannot be treated as an object. The analysis of the extract from Plato’s Demiurge’s speech in Timaeus reveals that Plato developed a reflection on something that determines the qualitative difference between certain beings and the world of things, and that (...) forms the basis for the special treatment of these beings, which the modern language can reasonably describe as dignity. The attributes of that dignity seem to overlap with the nature of dignity as we know today. What is more, Plato proposes a response to the question of what dignity is like but also to the question of what dignity is. It is the existential perfection, established in a perfect way of existence based on a specific internal unity of being. As the existential perfection, it covers the entire being along with all its features; it is inseparable from being (inherent and inalienable) – without it, it cannot exist. It is primordial to the particular features and independent of their acquisition or loss. Plato’s approach allows, based on the approach to dignity, the formulation of proposals aligned with today’s personalistic standards prescribing that persons be treated as ends in themselves and prohibiting the treatment of persons like objects. (shrink)

Persons are thought to have a special kind of value, often called "dignity," which, according to Kant, makes them both infinitely valuable and irreplaceably valuable. The author aims to identify what makes a person a person in a way that can explain both aspects of dignity. She considers five definitions of "person": (1) an individual substance of a rational nature (Boethius), (2) a self-conscious being (Locke), (3) a being with the capacity to act for ends (Kant), (4) a (...) being with the capacity to act for another (Kant), and (5) an incommunicably unique subject (Wojtyla). She argues that none is capable of grounding both aspects of dignity since they are incompatible kinds of value; it is impossible for the same thing to ground both. Human persons are infinitely valuable in virtue of shareable qualities of their nature, whereas they are irreplaceably valuable because of a nonqualitative feature of their personhood. (shrink)

In his paper, ‘What moral work can Nussbaum’s account of human dignity do in the context of dementia care?’, Soofi seeks to modify Nussbaum’s conception of dignity to deal with four key objections that arise when appeals to dignity are made in the context of dementia care. We will not discuss the first of these, the redundancy of dignity talk, since this issue has already been much discussed in the literature. Instead, we will focus on the (...) remaining three issues raised, that of the exclusion of persons with advanced dementia from having dignity, unjustified speciesism as a ground of human dignity, and the unclear practical implications that follow from having dignity. (shrink)

Stoicism is an ancient Greco-Roman practical philosophy focused on the ethics of everyday living. It is a eudaemonistic (i.e., emphasizing one’s flourishing) approach to life, as well as a type of virtue ethics (i.e., concerned with the practice of virtues as central to one’s existence). This paper summarizes the basic tenets of Stoicism and discusses how it tackles the issues of death and suicide. It presents a number of exercises that modern Stoics practice in order to prepare for death (one’s (...) own, or those of relatives and friends). It argues that modern Stoicism is a viable personal philosophy. (shrink)

Abstract Democracy is a fundamental right linked to the realization of a person’s worthy life project regarding its corresponding fulfillment of Human Rights. Along with the procedures to form political majorities, it is mandatory to incorporate the substantial part as a means and end for the normative content of Human Dignity to be carried out allowing it to: i) freely choose a project of valued life with purpose and autonomy ii) to have material and intangible means to function in (...) society; and iii) to live free from harm and fear in order to achieve human flourishing. The integral democracy is a means and an end to materialize individual happiness and the common good as long as everyone has concrete opportunities to unfold its inherent human dignity capacities within the trademark of the democratic constitutional State. Assuming this, integral democracy is the fundamental right of Fundamental Rights. (shrink)

According to Darwall’s Second-Personal Account, moral obligations constitutively involve relations of authority and accountability between persons. Darwall takes this account to lend support to Kant’s moral theory. Critics object that the Second-Personal Account abandons central tenets of Kant’s system. I respond to these critics’ three main challenges by showing that they rest on misunderstandings of the Second-Personal Account. Properly understood, this account is not only congenial to Kant’s moral theory, but also illuminates aspects of that theory which (...) have hitherto received scant attention. In particular, it motivates a fresh perspective on the relationship between respect, persons, and the law. (shrink)

Developments in biological technology in the last few decades highlight the surprising and ever-expanding practical benefits of stem cells. With this progress, the possibility of combining human and nonhuman organisms is a reality, with ethical boundaries that are not readily obvious. These inter-species hybrids are of a larger class of biological entities called “chimeras.” As the concept of a human-nonhuman creature is conjured in our minds, either incredulous wonder or grotesque horror is likely to follow. This paper seeks to mitigate (...) those worries and demotivate reasonable concerns raised against chimera research, all the while pressing current ethical positions toward their plausible conclusions. -/- In service of this overall aim, first, I intend to show that chimeras are far less foreign and fantastic in light of recent research in the lab; second, I intend to show that anti-realist (so-called “constructivist”) commitments regarding species ontology render the species distinction (i.e., the divide between human and nonhuman) superfluous as a basis for ethical practice; and third, I discuss some prevailing dignity accounts regarding the practical ethics of the creation, research, and treatment of chimeras. Consequently I intend to show that the adoption of this particular set of views (constructivist ontology, capacity-based ethics) in conjunction with recent research ought to justify a parallel with what we accord to humans persons, and that trajectory allows for cases of moral permissibility. (shrink)

Arguments from human dignity feature prominently in the Lethal Autonomous Weapons moral feasibility debate, even though their exists considerable controversy over their role and soundness and the notion of dignity remains under-defined. Drawing on the work of Dieter Birnbacher, I fix the sub-discourse as referring to the essential value of human persons in general, and to postulated moral rights of combatants not covered within the existing paradigm of the International Humanitarian Law in particular. I then review and critique (...) dignity-based arguments against LAWS: argument from faulty targeting process, argument from objectification, argument from underappreciation of the value of human life and the argument from the absence of mercy. I conclude that the argument from the absence of mercy is the only dignity-based argument that is both valid and irreducible to another class of arguments within the debate, and that it offers insufficient justification for a global ban on LAWS. (shrink)

We argue that contemporary conceptualizations of “persons” have failed to achieve the moral goals of “person-centred care” (PCC, a model of dementia care developed by Tom Kitwood) and that they are detrimental to those receiving care, their families, and practitioners of care. We draw a distinction between personhood and selfhood, pointing out that continuity or maintenance of the latter is what is really at stake in dementia care. We then demonstrate how our conceptualization, which is one that privileges the lived (...) experiences of people with dementia, and understands selfhood as formed relationally in connection with carers and the care environment, best captures Kitwood’s original idea. This conceptualization is also flexible enough to be applicable to the practice of caring for people at different stages of their dementia. Application of this conceptualization into PCC will best promote the well-being of people with dementia, while also encouraging respect and dignity in the care environment. (shrink)

critiques the degradation of the person in current philosophical thought. This page points out some challenges to behaviorism, eliminativism, postmodernism, and other antipersonal ideas.

The papers of this special issue are the outcome of a two-­‐day conference entitled “The Second-­‐Person Standpoint in Law and Morality,” that took place at the University of Vienna in March 2013 and was organized by the ERC Advanced Research Grant “Distortions of Normativity.” -/- The aim of the conference was to explore and discuss Stephen Darwall’s innovative and influential second-­‐personal account of foundational moral concepts such as „obligation“, „responsibility“, and „rights“, as developed in his book The Second-­‐Person Standpoint: (...) Morality, Respect, and Accountability (Harvard University Press 2006) and further elaborated in Morality, Authority and Law: Essays in Second-­‐Personal Ethics I and Honor, History, and Relationships: Essays in Second-­‐Personal Ethics II (both Oxford University Press 2013). -/- With the second-­‐person standpoint Darwall refers to the unique conceptual normative space that practical deliberators and agents occupy when they address claims and demands to one another (and to themselves). The very first sentence of Darwall’s examination of the second-­‐personal conceptual paradigm summarizes the gist of the argument succinctly when he claims that “the second-­‐person standpoint [is] the perspective that you and I take up when we make and acknowledge claims on one another’s conduct and will.” (Darwall 2006, 3) The Second-­‐Person Standpoint reminds us that this perspective has been ignored for much too long and that it better take centre stage in any philosophical analysis of moral phenomena, in order to yield a satisfying account of morality as a social institution. The negative part of Darwall’s strategy is to show that neither a purely first-­‐personal approach (represented by Kant and contemporary Kantians), nor a third-­‐personal state-­‐of-­‐affairs-­‐perspective (represented by most varieties of contemporary consequentialism) are capable of accounting for the categorical bindingness characteristic of moral obligation. The latter feat can only be accomplished, and this is the positive part of Darwall’s argument, when those second-­‐ personal normative “felicity conditions” and conceptual presuppositions are acknowledged and spelled out that are already presupposed in every instance of issuing (putatively valid) claims and demands. It is especially second-­‐personal competence and second-­‐personal authority that are the bedrock of these normative conceptual presuppositions, without which engaging in any meaningful address would be impossible. Kantians and utilitarians alike have neglected this critical dimension of the normative landscape. -/- In addition to working out an original conception of moral obligation, the first eight chapters of The Second-­‐Person Standpoint articulate this fundamental insight with respect to a variety of traditional projects in ethical theory such as developing accounts of moral responsibility, rights, dignity, and autonomy. In this context, special emphasis is to be awarded, on the one hand, to Darwall’s refreshing second-­‐personal interpretation of Strawson’s influential account of reactive attitudes and moral responsibility and, on the other, to his historically well-­‐informed reconstruction of Samuel Pufendorf’s often neglected version of an enlightened theistic voluntarism concerning moral authority. Darwall dedicates the second part of The Second-­‐Person Standpoint to the urgent question: how should one respond to the sceptical challenge that expresses utter indifference to the second-­‐person standpoint, including all its multifarious normative presuppositions and implications? What commits us to all this? It is at this point that Darwall, firstly, refines his criticisms of the Kantian, first-­‐personal, paradigm of normativity and emphasizes that only if one already incorporates the second-­‐personal conceptual apparatus into a Kantian analysis of moral obligation is the latter going to yield a convincing account. Secondly, and this certainly is one of the highlights of Darwall’s theory, the Second-­‐Person Standpoint employs themes from Fichte’s philosophy of right in order to strengthen the case for the inescapability of taking up the second-­‐person standpoint of moral obligation. In his contribution for this special issue Darwall further develops his diagnosis that Fichte’s thought offers in many respects a more promising, since more second-­‐personal, foundation of morality than, for example, Kant’s. -/- By now, the impact of Darwall’s second-­‐person standpoint theory has far transcended the confines of contemporary debates on moral obligation. Darwall has put to use the second-­‐personal apparatus to critical engagements with Joseph Raz’s theory of legal authority and Derek Parfit’s convergence arguments for his recent Triple Theory of moral wrongness. The constant theme that unifies all these diverse applications remains the one so impressively presented in The Second-­‐Person Standpoint: without paying attention to the “interdefinable” and “irreducible” circle of (four) foundational second-­‐ personal concepts (valid demand, practical authority, second-­‐personal reason, and accountability), neither superior epistemic status (Raz) nor the identification of optimific states of affairs (Parfit) are potent enough sources to generate anything close to the authority relationships that underlie the idea involved in obligating ourselves and one another. Given all of the above, it comes as no surprise that Darwall reserves his strongest sympathies for a specific ethical theory, namely contractualism. Our commitment to equal basic second-­‐personal authority, that Darwall arrives at through his Fichtean rectification of the Kantian project, leads him to the endorsement of a contractualist paradigm in the spirit of broadly Rawls and Scanlon. -/- . (shrink)

The 13th-15th centuries were witness to lively and broad-ranging debates about the nature of persons. In this paper, I look at how the uses of ‘person’ in logical/grammatical, legal/political, and theological contexts overlap in the works of 13th-15th century contemplatives in the Latin West, such as Hadewijch, Meister Eckhart, and Catherine of Siena. After explicating the key concepts of individuality, dignity, and rationality, I show how these ideas combine with the contemplative use of first- and second-person perspectives, personification, and (...) introspection to yield a concept of 'person' that both prefigures Locke's classic 17th century definition and deeply influences the development of personalism. (shrink)

Samuel Kerstein’s recent (2013) How To Treat Persons is an ambitious attempt to develop a new, broadly Kantian account of what it is to treat others as mere means and what it means to act in accordance with others’ dignity. His project is explicitly nonfoundationalist: his interpretation stands or falls on its ability to accommodate our pretheoretic intuitions, and he does an admirable job of handling carefully a range of well fleshed out and sometimes subtle examples. In what follows, (...) I shall give a quick summary of the chapters and then say two good things about the book and one critical thing. (shrink)

This work contends that the metaphysical understanding of the human person, simply as a rational and free being is incomprehensive, and for a comprehensive understanding of the human person, there is a need to understand the human person as a conscious being in action and in relationship within and without itself due to the shared consciousness of 「仁。」To guide this philosophical investigation, the writer posits the research question: How can the philosophy of Karol Wojtyła on the human person help to (...) deepen the understanding of the Confucian philosophy of person as 「仁者」? Thus, in this research the writer has three main tasks. The first task is to substantially investigate and expound the philosophical anthropology of Karol Wojtyła. The second task is to investigate and expose the Confucian concept of 「仁。」The third task is to discourse the human person by the means of a re-interpretation of the concept of 「仁者」as the Wojtyłian concept of “Person-revealed-in-Action.” So, the entire Part One of this work, is aimed at achieving the first task, and the entire Part Two, is aimed at achieving the second and the third tasks of the investigation. The Philosophical anthropology of Karol Wojtyła, is substantially influenced by the philosophy of Thomas Aquinas, and the Philosophy of Max Scheler. Hence, the writer creates the background for the exposition of Karol Wojtyła’s philosophical anthropology by presenting a discourse on Thomas Aquinas and Max Scheler. And to understand the concept of persona in Thomas Aquinas there is a need to discuss the philosophical anthropology of Socrates-Plato, Aristotle and Boethius. On the other hand, to understand the phenomenology of Max Scheler, which Karol Wojtyła employed in his analysis of human experience and action, the writer briefly exposes the phenomenology of Edmund Husserl the founder of phenomenological movement and the phenomenology of Heidegger the student of Husserl and the contemporary of Max Scheler. Hence, the writer considers an exposition of the concept of 「仁，」from the perspective of textual analysis of the meaning of 仁 as it is found in three classical text: 《 論語》, 《中庸 》and《孟子》. These three Confucian classics all consider 「仁」as not just an important concept in Confucianism, but as the concept that defines the human person, as the quiddity of the human person. The writer therefore, synthesizes Wojtyła’s concept of “person-revealed-in-action”, and the Confucian concept of 「仁者，」to affirm a philosophy of person that is indeed wholistic and comprehensive. This philosophy of person, the writer gives the name: “Jenism.” “Jenism” then, is the concept of the human person (人) understood from a synthesis of the Wojtyłian concept of human action and the Confucian understanding of 「仁。」This understanding of the human person, does not only explain the metaphysical quiddity of the human person, but also explains the specific difference of the human life. The writer, therefore, is persuaded to think that a philosophy of person has been developed that is capable of responding to the philosophical anthropological problematics of our contemporary times. Especially, with problematics that are related to Ethics, Bioethics, Human Dignity and Artificial Intelligence. (shrink)

Advocates of the Respect Model of moral status have expressed skepticism about the possibility that radically enhanced persons will have a higher threshold of moral status over non-radically enhanced persons. While several philosophers have already argued that advocates of the Respect Model of moral status should recognize such a possibility in a world with radically enhanced persons, I make room for a stronger claim: advocates of the Respect Model of moral status should not only recognize the possibility of higher thresholds (...) of moral status, but in fact are committed to the normative view that radically enhanced persons should have a higher threshold of moral status over non-radically enhanced persons. This stronger claim induces both rational and self-interested worries about the sacrificeability of non-radically enhanced persons, which takes the form of the inequality of immunity problem. While this problem need not rationally worry the advocate of the Respect Model of moral status, I provide some exploratory solutions that can be implemented now to assuage future self-interested fears so that advocates of the Respect Model may learn to respect the dignity of radically enhanced persons. (shrink)

Philosophers who defend a person’s right, under certain circumstances, to end his own life or to have a physician end it for him typically appeal both to respect for patient autonomy and to considerations of beneficence. Neither autonomy alone nor beneficence alone can ground a persuasive case for euthanasia. I argue, however, that the standard argument for euthanasia is unsound. It is not possible to combine the principles of autonomy and beneficence in such a way as to justify euthanasia for (...) those who request it and are either incurably ill, in irremediable pain, or fearful of future incapacity, while excluding both involuntary euthanasia and assisted death for those who request it despite being neither incurably ill, in irremediable pain nor fearful of future incapacity. (shrink)

The concept of human dignity has been criticized as either too thick or too thin. However, according to the non-positivistic standpoint, the legal normativity of human dignity can be justified and thus strengthened by means of its moral correctness. From the individual perspective, Mencius’ understanding of human dignity as an intrinsic value and Kant’s formula of ‘man as an end in itself’ can be adequately understood based on the differentiation of, as well as the connection between, principium (...) diiudicationis and principium executionis, between will and choice, and between homo phaenomenon and homo noumenon (that is, ‘humanity in the personality’). From the social perspective, since the dual dimensions of the individual and the social person are both fictive constructions, even Radbruch, once as a supporter of social law, has not replaced the concept of ‘legal person’ and, in the post-War period, acknowledges individualistic human dignity as the criterion for applying the famous ‘disavowal formula’. On the one hand, human dignity shows at least a weak normative character, which requires, firstly, balancing between the exercise of state powers and the constitutional review under the guidance of the dual dimensions of man and, secondly, optimization of the principle of human dignity in individual cases. On the other hand, through the necessary connection between the concept of dignity and that of personality, human dignity can exhibit a strong normative character, which unavoidably requires a metaphysical justification. (shrink)

In accordance with a recent statement released by the World Health Organization, the Canadian province of Ontario is moving to ban payment for plasma donation. This is partially based on contentions that remuneration for blood and blood products undermines autonomy and personal dignity. This paper is dedicated to evaluating this claim. I suggest that traditional autonomy-based arguments against commodification of human body parts and substances are less compelling in the context of plasma donation in Canada, but that there (...) is another autonomy-based objection to paid plasma donation that has not received sufficient attention. Namely, the stigma that surrounds exchanging plasma for payment makes it difficult to make an autonomous decision to engage in this activity. I suggest that this problem can be overcome in one of two ways; by banning payment for plasma, or by reducing the stigma surrounding this practice. I provide an indication of how we might work to achieve the latter, contending that this possibility should be taken seriously, due to the difficulties in achieving a sufficient supply of plasma without remuneration. (shrink)

The current appeal of non-standard economic alternatives is backgrounded against the vulnerability of mainstream capitalism to meltdown and crisis as shown in recent times. There is an increasing number of governments, institutions, and civil societies (NGOs) that have been advocating economic systems, structures, or dynamics that would promote the good of the human person (dignity, personhood, values, and worth). People have started to realize that doing economics is not always within the realm of rationalized judgments and mathematized calculations (highly (...) impersonal) but must look after the human person, at all costs. This paper attempts to contribute to this agendum by employing an interdisciplinary dialogue between theology and economics; drawing a moral-cultural framework towards a compassion-based economics. Together with the positive traits of today’s economic alternatives and the salient features of Jesus’ praxis of compassion, this paper would offer fourteen (14) criteria as basis for what could be the most feasible base/locus for an economics of compassion. Eventually, what has been considered as the suitable base/locus is the Basic Ecclesial Communities (BECs). Hence, a BEC-based Economics of Compassion or BEC-EC. (shrink)

Founding or explaining norms by nature seems to be impossible. Kant's Categorical Imperative seems to be "normative", i.e. of absolute validity. In fact, it is not more or less than a value theory, since Kant considers the human person as endowed by unconditional dignity. Norms can be founded on values, not vice versa. And values seem always to lead to sense.

Human dignity is a stubborn concept, at least for jurists and philosophers. After World War II it found its way immediately into the opening articles of the UN Charta, the Universal Declaration of Human Rights, and the German Grundgesetz, apparently out of the blue, i. e. almost without any precedent in earlier juridical docu- ments. Consequently, scholars of law still have difficulties to formulate an adequate understanding of human dignity. And although the concept has a certain tradition in (...) philosophy, if we search for an independent ethi- cally attractive understanding of human dignity, it turns out that going back to Cicero, Kant or the Christian heritage is of little help, too. Much more promising, though, is a look at the long-standing usage of the expression ‘human dignity’ and its German counterpart Würde des Menschen where something like a universal right not to be humiliated is expressed. Given this understanding, we can read the commandment to respect human dignity as the basic obligation to treat other people in a way that allows them to keep their personal, individual dignities—or at least minimally decent ones. To be sure, this formulation is just a very first, tentative step on the way to a philosophically satisfying conception of human dignity, but in the author’s opinion it is definitely a promising start for a research group. (shrink)

William James wrote that the life of religion “consists of the belief that there is an unseen order, and that our supreme good lies in harmoniously adjusting ourselves thereto.” Naturalism organizes our experiences of the universe within a science-grounded philosophical and/or religious framework aligning it with what is supremely good for our lives. This article describes a science-grounded specific “Framework of Spirituality” identifying part of this unseen order that opens a “spiritual core” within persons as a source of healing and (...) happiness. A cognitive behavioral therapy (CBT) expanded process shows how experiences of human worth and dignity are keys to this new awareness and provides speculation for a brain function and evolutionary explanation. Details of this knowledge are related to various perspectives and authors of naturalism—scientific, religious, ecstatic, and ecological—to contribute to a future direction for the understanding, development, and further expression of naturalism. (shrink)

Ong, Caroline In the debate about euthanasia, it is important that we consider all views, including those which might not at first seem attractive to us. Whether we believe in God or not, the views of the Catholic Church make a significant contribution to this debate. The Church does not support the deliberate killing either of oneself or another person. It also emphasises our moral obligation to respect life and to uphold the dignity of each person.

This article examines the subtle interconnection between the sanctity of life and individual autonomy within the context of assisted dying, as seen through the lens of Orthodox Christianity. It seeks to unravel the complex theological, ethical, and pastoral considerations that inform the Orthodox stance on end-of-life issues, particularly the nuanced understanding of suffering, death, and the redemptive potential encapsulated within them. Orthodox theology, with its profound veneration for life as a divine gift, offers a counter-narrative to contemporary discourses that often (...) prioritize personal autonomy and the alleviation of suffering above all. This tradition emphasizes the transformative power of suffering when united with Christ’s own redemptive suffering, proposing a vision of end-of-life care that is rooted in compassion, dignity, and hope for resurrection. The exploration begins with a historical and theological examination of the Orthodox perspective on life’s sanctity, engaging with the teachings of Church Fathers and contemporary theological and bioethical discussions. It highlights the foundational concepts of Orthodox anthropology, which perceives human beings as an indivisible unity of body and soul, reflecting the imago Dei. This anthropological understanding challenges reductionist views of human existence and informs the Orthodox approach to medical ethics, palliative care, and the spiritual accompaniment of the dying. By critically evaluating arguments for and against assisted dying, the article presents a balanced discourse that respects the depth of individual suffering while upholding the intrinsic value of life. It argues that Orthodox Christianity, through its rich theological heritage and pastoral practice, provides a compassionate and ethically nuanced framework for navigating the moral complexities of assisted dying. This framework advocates for an end-of-life care that honors the fullness of the human person, supports the spiritual journey toward eternal life, and fosters a communal embrace of life’s sacred threshold, offering a dignified passage that aligns with the faith’s deepest convictions about human destiny and divine grace. (shrink)

While suicide is typically associated with personal despair, people do sometimes kill themselves in the hope or expectation that their death will advance a political cause by way of its impact on the conscience of others, or in extreme cases simply as an expression of protest against a status quo felt to be unjust. Paradigm cases of such protest suicide may be public acts of self-immolation. This chapter distinguishes between instrumental and expressive protest suicide, examines the possible motivations behind (...) them, their possible moral justification, and their potential contribution to the meaning of the suicide’s life. It argues that when the value of the aim pursued by way of instrumental suicide is proportionate, killing oneself promotes it sufficiently, and other morally acceptable options are exhausted, instrumental protest suicide can be morally permissible and consistent with human dignity. It can even be an admirable act of self-sacrifice, provided that the agent’s motivations are suitable. Some of the standard moral objections to suicide don’t apply to such cases. But protest suicide remains morally risky, because one might be mistaken about the worth of one’s cause or the availability of alternatives, and because even these extreme acts typically have limited effect. (shrink)

PHILOSOPHY OF HUMAN RIGHTS: HUMAN RIGHTS IN LIGHT OF THEIR INTERNATIONAL PROTECTION Summary The book consists of two main parts: in the first, on the basis of an analysis of international law, elements of the contemporary conception of human rights and its positive legal protection are identified; in the second - in light of the first part -a philosophical theory of law based on the tradition leading from Plato, Aristotle, and St. Thomas Aquinas is constructed. The conclusion contains an application (...) of the results of the analysis conducted in the second part. The first part comprises four chapters. The first aims at revealing characteristics of human rights on the basis of an analysis of historical conditioning of the inter-national law of human rights and its development. The historical context displays the practical, vindicative, and critical character of the positive legal protection of human rights. Moreover, the process of change of positive human rights law is distinguished from the process of change of human rights as such. In the second chapter the content of human rights - a topic which is only auxiliary to the conducted analysis - is discussed. Basic typology and catalogues of rights proclaimed in the Universal Declaration of Human Rights and protected in the International Covenants of Human Rights are presented. The review of the content of rights aims at a more precise limitation of the field of research. The examination shows a diversity of rights which poses a serious challenge to the coherence of every philosophical theory of human rights. In the third chapter, central in the first part, international law is analyzed with regard to the characteristics of rights and the foundations of them. The analysis of documents shows a number of solutions referring to the anthropological foundations of rights. The inherent dignity of the human person is the source of all human rights. Each human being is recognized as free, and endowed with both reason and conscience. In the propounded conception of man individuals are not rivals but create a community which is a condition for their development. International law characterizes the rights as universal, inherent, inalienable and inviolable. The reconstructed conception also comprises the following basic elements: on the level of the structure of rights, a recognition of their equality, interdependence, and comprehensiveness; in the grounding of these rights, a recognition of the anthropological foundations of law; in the conception of positive law, a recognition of the secondariness of the positive law of human rights to human rights themselves, and a recognition of human rights and justice as the basis for legal order; in the conception of state, a recognition of the well-being of the individual as the fundamental aim of actions undertaken by political institutions, and recogni¬tion of rights which form an impassable boundary to the power of the state, includ¬ing its legislative actions. The characterization of the international legal paradigm serving for the under¬standing of human rights is supplemented by analyses of the structure of their posi¬tive legal protection. Various meanings of the terms "right" and "freedom" are distinguished. Subjective right, as basic structure of the positive legal protection of human rights, is understood as a complex relation formed by various legal situations of the subject of a right which create a functional whole in respect of the subordi-nation of human person to its good. Subordinating person to a good proper for it, expressed usually in a proclamatory norm, is the central element of particular rights around which further elements aiming at the realization of this good are built. In the second part of the book a philosophical theory is developed which allows for the location of a coherent foundation for the presented characterization of human rights and their positive legal protection. This part consists of two chapters. The first includes a review of some - not entirely satisfactory - means of founding of human rights; the second presents philosophical conceptions of law and man which may form a basis for the constructed theory. The review of arguments contained in the first chapter does not aim at a detailed analysis of various specific ways of argumentation encountered in works on this subject but rather at a concise presentation of the main possible lines of argumentation. These analyses also serve to emphasize the positive solutions which are pro¬posed later and to underscore the explanatory power of the elaborated theory. This theory, retaining accurate intuitions contained in the presented types of argumenta¬tion, helps in avoiding their consequences which are difficult to reconcile with the reconstructed paradigm of human rights. Efforts to base human rights on the norms of international law rightly take into account the necessity of determining the content of the rights and their positive legal protection as a means for the realization of man's good. These attempts, how¬ever, do not properly take into account the inherent character of human rights, which are independent of positive law and provide grounds for applying specific legislative measures and not others. Founding human rights on freedom accurately points at the freedom of an indi¬vidual as a constitutive element of some rights; however, absolutization of freedom leads, to a loss of an important element of the contemporary paradigm of under¬standing human rights. This foundation undermines recognition of the fact that human rights may set limits to both the freedom of others and the freedom of the subject of rights itself. Additionally, attempts at the so-called axiological justification of human rights are discussed. This type of justification has a few variants depending on the as¬sumed conception of value. Subjectivistic conceptions have similar advantages and disadvantages to the conceptions basing human rights on freedom; objectivistic conceptions while providing for the universality of human rights place, the fundamental aim of human rights protection beyond the individual human being - in the idealistically existing world of values; finally, conceptions rooting values and human rights in culture, while accurately noting that human rights are learned through the medium of culture, place the source of human rights beyond a concrete individual - in culture and processes which take place in it - which leads to difficulties in finding a basis for the universality of rights. Furthermore, attempts to ground human rights in specific characteristics of the human being are presented. This type of approach points to an important problem of dependence of the content of rights on what man is. However, recognition of specific characteristics of a human being as an ontic foundation of the existence of rights poses a danger to their universality since one has to accept that it is not enough to be a man to be a subject of rights, but a man possessing specific charac¬teristics. The second chapter aims at outlining solutions worked out by Saint Thomas Aquinas. For a fuller understanding of his propositions selected elements of Plato's and Aristotle's philosophy are presented. It was them who formulated the founda¬tions for reflection on law and justice in the ontological context. A qualification is made that Stoicism is not be analysed in depth. Although Thomas' concept of law was undoubtedly developed under the influence of the Stoic doctrine as well, it is not in this that one should look for the tools to understand the ontic foundations of human rights and law in general since the Stoic moral philosophy and philosophy of law were developed in the context of a theory of being which assumed monistic and pantheistic premises as foundations, leading to the recognition of a total subor¬dination of the human individual to a larger unity of which man is only a part. The analysis of Plato's and Aristotle's texts concentrates on problems of justice. Plato seems to be the first philosopher who reflected on the formula basic in the history of European thought: to render to each his due. It appears that justice as both a characteristic of man and his acts is understood in the perspective of that which is just, that which is a good for another man - the recipient of the act. The basis for determining what is just is the relation of correspondence between some¬one and something. While in the case of Plato this relation is based on something beyond its terms, namely on ideas, in the case of Aristotle the relation occurs on account of the elements of the relation itself. Something is just when it contributes to the develop¬ment of the recipient of an act realizing that which is just. At the same time, the realization of that which is just is a good for the agent. In the analysis of the just two types of relation are revealed: the relation of due-to-recipient occurring on account of the compatibility of that which is due, with the recipient of the act; and - a "superstructure" - a relation of obligation-of-subject occurring on account of the compatibility of the acting subject with the thing which should be done. The basis for being that which is due is formed by various potentialities of development of man - the recipient of agency; the basis of being that which is an obligation is the possibility of development of the subject of action. Aristotle distinguishes various types of freedom and points to the necessity of taking them into account in the discussion of justice. Among other things, as the core of man's freedom, he considers life for its own sake, which can be seen as his expression of the basic indices of the autotelic character of man - which is funda¬mental for later conceptions of dignity. The freedom which is described by him is not, however, inherent and inalienable; being free is conditioned by a factual possi¬bility of undertaking actions, which are not solely means to the realization of aims set by others. Thomas Aquinas takes over the Aristotelian research perspective both in his conception of man and of law. At the same time, however, he significantly enriches it. In anthropology he develops a conception of personal being. Drawing upon his distinction between existence ("that something is") and essence ("what something is"), he sees the basis for being a person in the dignity of personal being which is a certain way of existence of a rational being more perfect than that of non-personal beings. The person is a being which, by virtue of its act of existence, is individual¬ized in a specific way. It is an aim in itself. Expressing it in a negative way, one may say that it does not exist as a means for the realization of the aims of others and, in this sense, that it is free. As distinct from Aristotelian conclusions, being a person is not conditioned by the specific actions of a being. Dignity is inherent, based on that which is the foundation of the factual existence of every rational being. Although freedom requires that a being is rational, dignity still encompasses all being, all its properties and potentialities. Thus an act conforming with dignity has to take into account a whole human being. Among different types of that which is just, ius, the first place, from the point of view of understanding law, falls to "the just thing itself ("ipsa res justa"), which is right in the full meaning of the word. On the one hand, it is that which is due; on the other hand, it determines the way of acting in the utmost degree, since the course of every act is determined in the fullest extent by its aim. The content of ius may be determined both by elements independent of free decisions - ius naturale - and by free decisions taking into account the state of things - ius positivum. Recognition of the objective structure of being as the basis of law does not entail that it is possible or desirable to determine unequivocally "the only right" patterns of conduct. This concept is very well justified within the system proposed by Saint Thomas. Individualization of being is a significant element of the develop¬ment of a person as a person. It is attained by the realization of individual aims which are not unequivocally determined by circumstances and the nature common to all people. By virtue of free choices made in the sphere of that which is not by its nature unjust, the object of action becomes ius. Since in the realization of the person the individualization of human being is central, Aquinas clearly sees the need for the protection of the sphere of "dominion of will". This sphere itself constitutes ius naturale, something which is due to man independently of the acts of will. Therefore "law should forbid nothing which is not unjust" ("nihil debet lege prohiberi quod licite fieri potest", In 3 Sent., dist. 40, q. I, a. 1, 3). Besides the relation of due-to-recipient, ius also includes the relation of obligation-of-subject which is superimposed on the relation of due-to-recipient. As far as the ontic foundations of obligation are concerned, in explaining why man is subordinated to realization of the good of others, Aquinas generally follows Aristotle in accepting that this basis is the subordination to moral good - to actions conforming with the learned truth about reality. Aquinas' systemic solutions allow, however, to reach deeper and understand why moral development is also a development of the whole human being. This was difficult within Aristotle's system, since he was reluc¬tant to decide whether precedence should be given to intellectual or moral develop¬ment. The inclination to realise good of another appears to be a transcendental characteristic of being, based on its very existence. Morality understood as rational and free subordination to realize the good of another is a specifically personal way of the realization of this inclination. Thus just actions contribute to the actualization of being in the aspect of its existence and therefore to the actualization of being as a whole. Thomas' conception of natural law (lex naturalis) as participation in eternal law (lex aeterna), offers possibilities for grasping that which is just as something which is basically accessible cognition, independently of Revelation and independently of faith in God, and at the same time as something based in eternal law, understood as a design of God's wisdom. Eternal law, embracing all particular actions, is not, from the human perspective, accessible cognition directly. It is enacted in the struc-ture of the created being and - in case of human beings - in free choices taking this structure into account. In the concluding remarks, the results obtained earlier are applied directly to the contemporary conception of human rights. Human rights are understood in the first place as "just things" - concrete goods of man; as that which is due because of subordination, based on dignity, to the personal development of man. That which is just is understood as a relational - actual or potential - state of things, which exists by virtue of existing relations. Evaluations referring to that which is right are true when respective relations of due-to-recipient take place; norms of conduct are true when respective relations of obligation-of-subject take place. Examples of the application of the sketched theory outside the field of human rights are also presented. Procedural consequences of the developed theory are shown, such as the discrimination of two types of legislative procedures which differ significantly in the structure of argumentation: the first aims at recognition of that which is just independently of the will of the legislator, and the second, at making individual or collective "projects" of development compatible. Finally the possibilities of applying the theory to the increasingly important problems of the protection of the environment and the "rights" of animals are mentioned. The central issue is a philosophical conception of man and his freedom and a conception of law. It is also indispensable to turn to a general theory of being. The search for a comprehensive theory of human rights requires attention to the Abso¬lute Being - God - as well. This is important for at least two reasons. First, a conception of the Absolute Being is integral to philosophy of the systemic type -of which the present book is a piece. A conception of the Absolute Being is signifi¬cant for understanding all being, including, first of all, man as a personal being. Second, every theory of human rights which does not comprise the problem of the Absolute may be questioned as to whether solutions adopted in it do not lead, in consequence, to eliminating God from the perspective of the understanding of law. It is desirable that a philosophical theory should deal with this problem directly. A theory which eliminates God from the perspective of the understanding of rights will be unacceptable for all those who, for philosophical reasons or relying on faith, consider God as the author of inherent rights. Nevertheless, a theoretical approach to rights from the perspective of the Absolute Being should only be a possible extension of a philosophical approach which bases rights on something which is cognizable independently of the acceptance of the existence of God so that the theory is also acceptable for those who reject the existence of God or suspend their judgment on this subject. The pursued theory should therefore contain, on the one hand, reference to natural, faith-independent foundations of human rights, but on the other hand, point to a possible extension accounting for the Absolute Being. The analyses contained in this chapter have undoubtedly some historical value since they are based on source texts. Nevertheless, the use of these texts and not critical works was dictated, first of all, by a conviction that analyses embrace a given theory in the aspect selected by the interests of the researcher. Therefore to find out what past thinkers say on the subject characterized in the first part it is simpler to reach to the sources than to adopt the existing critical works. The pre¬sented reconstruction of Aquinas' views on philosophy of law incorporates proposi¬tions of supplementing and developing some of the ideas undertaken by him. Obligation to act in this and not an other way arises because human actions are subordinated to the conformity, on the one hand, of aims realized by these actions and, on the one hand, the order of being determining that which is favourable to man or destroys him. The content of the order of being is, on the one hand, determined by the structure of being independent from man's will and, on the other, by free decisions of man. (shrink)

Autonomous and automatic weapons would be fire and forget: you activate them, and they decide who, when and how to kill; or they kill at a later time a target you’ve selected earlier. Some argue that this sort of killing is always wrong. If killing is to be done, it should be done only under direct human control. (E.g., Mary Ellen O’Connell, Peter Asaro, Christof Heyns.) I argue that there are surprisingly many kinds of situation where this is false and (...) where the use of Automated Weapons Systems would in fact be morally required. These include cases where a) once one has activated a weapon expected then to behave lethally, it would be appropriate to let it continue because this is part of a plan whose goodness one was best positioned to evaluate before activating the weapon; b) one expects better long-term consequences from allowing it to continue; c) allowing it to continue would express a decision you made to be resolute, a decision that could not have advantaged you had it not been true that you would carry through with it; d) the weapon is mechanically not recallable, so that, to not allow it to carry through, you would have had to refrain from activating it in the first place, something you expected would have disastrous consequences; e) you must deputize necessary killings to autonomous machines in order to protect yourself from guilt you shouldn’t have to bear; f) it would be morally better for the burden of responsibility for the killing to be shared among several agents, and the agents deputizing killing to machines can do this, especially where it’s not predictable which machine will be successful; g) a killing would be morally better done with elements of randomness and lack of deliberation, and a (relatively stupid) machine could do this where a person could not; h) the machine would be acting as a Doomsday Device, so that it could not have had its hoped for deterrent effect had you not ensured that you would be unable to recall it if enemy action activated it; i) letting it carry through is a necessary part of its own learning process, and you expect that this learning will have salutary effects later on; j) human intervention in the machine’s operation would disastrously impair its precision, or its speed and efficiency; k) using non-automated methods would require human resources you just don’t have in a task that nevertheless must be done (e.g., using land-mines to protect remote installations); l) the weapon has such horrible and indiscriminate power that it is doubtful whether it could be actually used in ways compatible with International Humanitarian Law and the Laws of War, which require that weapons be used only in ways respecting distinctness, necessity and proportionality, but its threat of use could respect these principles in affording deterrence provided human error cannot lead to their accidental deployment, this requiring that they be controlled by carefully designed autonomous and automatic systems. I then consider objections based on conceptions of human dignity and find that very often dignity too is best served by autonomous machine killing. Examples include saving your village by activating a robot to kill invading enemies who would inflict great indignity on your village, using a suicide robot to save yourself from a less dignified death at enemy hands, using a robotic drone to kill someone otherwise not accessible in order to restore dignity to someone this person killed and to his family, and using a robot to kill someone who needs killing, but the killing of whom by a human executioner would soil the executioner’s dignity. I conclude that what matters in rightful killing isn’t necessarily that it be under the direct control of a human, but that it be under the control of morality; and that could sometimes require use of an autonomous or automated device. (This paper was formerly called "Fire and Forget: A Defense of the Use of Autonomous Weapons in War" on Philpapers; the current title is the title of the published version.). (shrink)

The Dignity of the Children according to the New Testament teaching should be a landmark for modern era. New Testament raised the dignity of the unborn child, from a simple mass of cells to a child who has the right to be born and live. The child born has the value of a person that to enjoy family and society not only for economic potential but for the soul value as they bear the image of God. Children of (...) different ages have the right to be baptized, have access to the grace of the Sacraments and become saints. In fact the true dignity of man is his power to become a saint. And the child is the image of the saint, heir of the Heaven. (shrink)

In this paper I will use sex by deception as a case study for highlighting some of the most tricky concepts around sexuality and moral psychology, including rape, consensual sex, sexual rights, sexual autonomy, sexual individuality, and disrespectful sex. I begin with a discussion of morally wrong sex as rooted in the breach of five sexual liberty rights that are derived from our fundamental human liberty rights: sexual self-possession, sexual autonomy, sexual individuality, sexual dignity and sexual privacy. I then (...) argue (against the standard interpretation) that experimental findings in moral psychology show that the principle of respect for persons—a principle that grounds our human liberty rights—drives our intuitive moral judgments. In light of this discussion, I examine a puzzle about sex by deception—a puzzle which at first may seem to compel us to define 'rape' strictly in terms of force rather than sexual autonomy. I proceed by presenting an argument against the view that, as a rule, sex by deception undermines consent—a position held by prominent thinkers such as Philippe Patry (2001), Onora O’Neill (2003), Rubenfeld (2012), Tom Dougherty (2013a, 2013b), Joyce M. Short (2013), and Danielle Bromwich and Joseph Millum (2013, 2018). As we will see, sex following deception to increase your chances does not always constitute rape. Lying about your age, education, job, family background, marital status, or interest in a relationship, for example, does not make your sex partner incapable of consenting, which is to say that sex by deception need not be rape. I even go so far as to say that sex with another person that is facilitated by withholding information about having a venereal disease shouldn't be classified as rape. Although sex by deception doesn't compromise consent, it nonetheless violates the principle of respect for persons, not by vitiating sexual autonomy and compromising consent, but by failing to respect other sexual rights, such as our rights to sexual dignity, individuality, and privacy. (shrink)

The article deals with relations between the individual and human rights on the one hand, and the State on the other, in the context of the Constitution of the Republic of Poland. The author poses the question whether the idea of subordination of the State to the individual is really a central idea of that constitution. He puts forward many arguments against such suggestion. These arguments relate, above all, to the arrangement of the constitution: a chapter concerning human rights is (...) chapter II, while chapter I deals with foundation of the State; the goals of the State are specified in the preamble including the following initial phrase “the existence and future of Poland as our Homeland” and in Article 5 where human rights are as subject of protection by the State is mentioned after independence and integrity of [its] territory; a general concept of human rights protection adopted in the constitution is dominated by the structures typical of law in its objective sense; the way of regulation admissible limitations on human rights differs from international standards; possibility of claiming human rights is constitutionally guaranteed, mostly by constitutional complaint which is above all aimed at correction of legal system, rather than claiming of rights by the individual; Article 1 (“The Republic of Poland shall be the common good of all its citizens”) interpreted as referring to Article 1 paragraph 1 of the April Constitution of 1935, one of the main ideas of which was precedence of the State over the individual. He also analyses the arguments in favour of the recognition of the idea of subordination of the State. Nevertheless, they cannot be accepted as resolving the question of whether it is a central idea of the constitution. These arguments include in particular: the principle of subsidiarity contained in the preamble, even if it has not been appropriately emphasized there; recognition of inherent and inalienable dignity of the person, but it was not until Article 30 that this provision has been contained and it does not determine the relations between the human dignity and rights and the State. The author suggests that the only conclusive way to justify the subordination of the State in relation to the individual as a central idea of the constitution is by means of Article 1. Taking into account, above all, preparatory work, we should reject the interpretation of that article referring to the April (1935) Constitution. Essential interpretative context may be found in preparatory work and social teachings of the Catholic Church, referred to therein. In that case, the common good means the entirety of the conditions of social life which favour the human development. These conditions include above all the respect for human dignity. Such interpretation of Article 1 gives priority to proposals on what the State should be to serve the individual rather than to safeguard obligations of citizens in relation to the State. (shrink)

Kant takes the idea of autonomy of the will to be his distinctive contribution to moral philosophy. However, this idea is more nuanced and complicated than one might think. In this chapter, I sketch the rough outlines of Kant’s idea of autonomy of the will while also highlighting contentious exegetical issues that give rise to various possible interpretations. I tentatively defend four basic claims. First, autonomy primarily features in Kant’s account of moral agency, as the condition of the possibility of (...) moral obligation. Second, autonomy amounts to a metaphysical property as well as a normative principle and a psychological capacity. Third, although there is legitimate scholarly disagreement about whether or not autonomy involves self-legislation of the moral law, there is good reason to believe it underwrites an ‘inside-out’ (as opposed to ‘outside-in’) conception of the relationship between the will and moral requirements. Fourth, persons have dignity because their autonomy makes them members in the set of beings over whom the categorical imperative requires us to universalise our maxims, not because autonomy is an independently important property. (shrink)