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)

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.

"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)

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)

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)

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)

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)

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)

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 our societies today, the prevalence of serious, untreated trauma means that we cannot reliably expect to receive or give unconditional love, understood as love which functions within a normative framework to protect each and all of us as having dignity. Serious, untreated trauma makes unconditional love, so understood, unreliable because each time the pattern of the psychological damage (trauma) is triggered in the traumatized person, in the wrongdoers, or in the bystanders, their behaviour easily becomes (...) self- and other-numbing, destructive, and moralizing in an irrational and often self-deceived attempt to preserve or defend themselves or others against forces felt as threatening even though they are not. It is also common for someone who lives in societal conditions where avoiding patterned, traumatizing behaviour is impossible to experience the emotional temptation to give up on the possibility of a better future for oneself, one’s loved ones, or one’s community within the larger community or the state. For some, this is experienced as a draw towards suicide, while others experience it as a serious temptation to give up on working together with the good forces in society. This paper seeks to continue Charles Mills’s work on radicalizing Kant by sketching a Kantian account of trauma and thereby develop philosophical resources that can help us fight historical oppression and violence. (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)

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.

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)

This paper argues that the moral value of unconditional forgiveness is more complicated and constrained than it is often taken to be. When we unconditionally forgive, we engage with someone in a way that doesn’t take seriously their perspective about the meanings and values at stake in our relations with them. Other things being equal, this is problematic; it is normatively condescending, belittling the place of the other person’s moral agency in our relations with them. This doesn’t mean (...) that unconditional forgiveness is always bad or impermissible. It does, though, complicate how we should think about its moral value. (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)

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)

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)

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)

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)

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)

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)

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

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)

This paper assesses the first-person authority account (FPA) of gender, according to which X's self-identification of what X's gender is, is the final say on what X's gender is, such that if others disagree, they are mistaken. One main reason in support of FPA is respecting X's autonomy—that is, overriding X's self-identification amounts to denying X's autonomy. Ozturk criticizes this view using analogies of religious and patriotic self-identifications, such that there are cases in which someone can permissibly claim that (...) another is not, say, a true Muslim or a true patriot. This implies that there might also be cases of permissible rejections of gender self-identification. Ozturk offers instead the negotiative theory of identity, according to which it is permissible to reject a self identification as long as three constraints are satisfied: no harm is done to the self-identifier, and their privacy and dignity are not violated. (This essay is a slightly revised version of that found in the 7th edition of The Philosophy of Sex.). (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)

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)

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)

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)

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)

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 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)

In this paper I consider the possibility that failing to fulfill the Kantian obligation to protect one’s rational nature might actually vitiate future instances of this obligation. I respond to this dilemma by defending a novel interpretation of Kant’s views on the relation between the value we have and the respect we are owed. I argue, contra the received view among Kant scholars, that the feature in virtue of which someone has unconditional and incomparable value is not the same (...) feature in virtue of which she is owed the respect that constrains how she may be treated. So, even though someone who fails to attempt to protect her rational nature fails to respect herself in the right way, and even though this moral failing does make her lose a certain kind of value, her obligations to respect herself do not go away. (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)

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)

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)

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)

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)

Although being widely considered as only a Western tradition, individualism is not absent in traditional Chinese philosophy and culture. In some of the classic Chinese philosophic works such as Zhuangzi, we can clearly identify some elements which can be appropriately attributed to “individualism”, such as the awareness of individual “self” as an independent and unique existence, advocating individual freedom and liberty, emphasizing on the value and dignity of individual life, favoring individuals’ autonomy and privacy, pursuing unconstrained development in personality (...) and spirituality. However, due to its particular pre-Qin social cultural background and its unique Daoist philosophic origin, this kind of individualism in Zhuangzi has its own unique characteristics, which has made it distinguishable from the variety of other individualist thoughts emerged in different times and places in the West. Zhuangzi has a dynamic and open view on individual or “self”, he does not consider individuals as fixed and interchangeable “atoms” but as dynamic, changing and unique beings, he set the unlimited and indefinable Dao as the only and ultimate source for individuals to conform to, thus to release individual mind into an realm of infinite openness and freedom. Zhuangzian individualism is “inward” rather than “outward”, which means while concentrating on individuals’ freedom of spirit and innate nature, it cares less about individuals’ outside material interests and rights in social reality, and does not encourage competition and rivalry among individuals. The special type of individualism in Zhuangzi has a profound influence on Chinese culture, providing a spiritual space for the development of individuality and personality in ancient China. It also provides an alternative understanding of individual as an existence. (shrink)

Routine testing is a practice whereby medical professionals ask all patients whether they would like an HIV test, regardless of whether there is anything unique to a given patient that suggests the presence of HIV. In three respects I aim to offer a fresh perspective on the debate about whether a developing country with a high rate of HIV infection morally ought to adopt routine testing. First, I present a neat framework that organises the moral issues at stake, bringing out (...) the basic principles involved and exhibiting their logical relationships. Second, appealing to the Kantian principle of respect for the dignity of persons, I offer a thorough justification for routine testing when it serves as a gateway to anti-retroviral treatment (ART). Third, I present a respect-based defence of the controversial and novel thesis that routine testing is morally justified even if ART is unaffordable or otherwise unavailable. (shrink)

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)

In this article we defend a moral conception of cosmopolitanism and its relevance for moral education. Our moral conception of cosmopolitanism presumes that persons possess an inherent dignity in the Kantian sense and therefore they should be recognised as ends‐in‐themselves. We argue that cosmopolitan ideals can inspire moral educators to awaken and cultivate in their pupils an orientation and inclination to struggle against injustice. Moral cosmopolitanism, in other words, should more explicitly inform the work that moral educators do. Real‐world (...) constraints on moral action and the need to prioritise one’s sometimes conflicting responsibilities will often qualify cosmopolitan justice as supererogatory. This fact does not absolve persons from aspiring to see themselves as having the moral obligation to help others in need, while recognising that their factual obligations are more modest in being bound by what they are actually able to do. (shrink)

In the Freedom essay, Schelling charges that (1) idealism fails to grasp human freedom’s distinctiveness and that (2) this failure undermines idealism's attempt to refute pantheism, as exemplified by Spinoza. This raises two questions, which I will answer in turn: what, for Schelling, is distinctive of human freedom; and how does the idealists’ failure to grasp it render them unable to refute pantheism? To answer these questions, I will reconstruct Schelling’s argument that freedom has the distinctness of being the unconditioned (...) condition of the world’s intelligibility. My reconstruction will illustrate how Schelling’s notion of freedom as primal will grounds the alleged primacy of practical reason as Kant and Fichte conceive it. I will then consider three objections to Schelling’s argument. Throughout, I will develop the Schellingian idea that freedom is enacted in an unprethinkable decision that cannot be anticipated by any law or principle. (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)

Does the fact that humans are vulnerable, needy and dependent beings play an important role in Kantian ethics? It is sometimes claimed that it cannot and does not. I argue that it can and does. I distinguish between broad (all persons are vulnerable) and narrow (only some persons are vulnerable) senses of vulnerability, and explain the role of vulnerability in both senses in Kantian ethics. The basis of this argument is to show that the core normative focus of Kantian ethics (...) is on the dignity that human beings have in virtue of their capacity for rational agency. This implies that the empirical conditions under which human beings can acquire, sustain, exercise, and develop their rational capacities are of core moral importance in Kantian ethics. This explains why human vulnerabilities, including the vulnerability of human bodies, are important in Kantian ethics, since rational capacities in human agents (and the bodies those rational capacities depend upon) are highly vulnerable in all persons (vulnerability in the broad sense) and especially vulnerable in some sub-groups of persons (vulnerability in the narrow sense). (shrink)

In this paper we discuss a phenomenon we call perspectival plurality, which has gone largely unnoticed in the current debate between relativism and contextualism about predicates of personal taste. According to perspectival plurality, the truth value of a sentence containing more than one PPT may depend on more than one perspective. Prima facie, the phenomenon engenders a problem for relativism and can be shaped into an argument in favor of contextualism. We explore the consequences of perspectival plurality in depth and (...) assess several possible responses on behalf of advocates of relativism. (shrink)

An examination of the idea of Unlimited Liability found in the Canadian Armed Forces’ (CAF) ethos as a reason for the acceptance of lethal risk tasking faced by members of the CAF. This paper argues that the idea of unlimited liability is at best unhelpful as a concept and needs to be replaced with the concept of ‘ultimate integrity.’ This new concept links directly to the CAF’s first ethical principle – respect the dignity of all persons. This new concept (...) also corresponds better with our beliefs about the nobility of military sacrifice. (shrink)

The Way of Humanity, second edition, presents a Confucian vision for personal and social transformation intended to bring about a worldwide social order of harmony, dignity, and justice for all peoples, beyond divisive sectarianism and nationalism. It is based on ideals for human flourishing gleaned from Confucian and Neo-Confucian thought as distilled by a highly respected elder philosopher in South Korea, Yi Dong Jun, PhD (Haengchon, literary name). He is Professor Emeritus of the College of Confucian Studies and Eastern (...) Philosophy at Sungkyunkwan University in Seoul. This work is the first detailed presentation of a contemporary Korean philosopher’s perspective on Confucianism as grounded in daily life, its implications for personal spiritual development, and its potential to contribute to world development. The book holistically presents Master Haengchon’s insights through vivid stories, philosophical essays, numerous illustrations, audio recordings of Confucian chanting, recommendations for further reading, and, new to the second edition, poems inspired by Confucian classics about ideals for an opening of the world to wellbeing and justice for all peoples. There are two recordings of chants included as supplemental.mp3 files. For open access to the ebook and associated audio files, go to the University of Kansas ScholarWorks website: The Way of Humanity, second edition, presents a Confucian vision for personal and social transformation intended to bring about a worldwide social order of harmony, dignity, and justice for all peoples, beyond divisive sectarianism and nationalism. It is based on ideals for human flourishing gleaned from Confucian and Neo-Confucian thought as distilled by a highly respected elder philosopher in South Korea, Yi Dong Jun, PhD (Haengchon, literary name). He is Professor Emeritus of the College of Confucian Studies and Eastern Philosophy at Sungkyunkwan University in Seoul. This work is the first detailed presentation of a contemporary Korean philosopher’s perspective on Confucianism as grounded in daily life, its implications for personal spiritual development, and its potential to contribute to world development. The book holistically presents Master Haengchon’s insights through vivid stories, philosophical essays, numerous illustrations, audio recordings of Confucian chanting, recommendations for further reading, and, new to the second edition, poems inspired by Confucian classics about ideals for an opening of the world to wellbeing and justice for all peoples. There are two recordings of chants included as supplemental files in this record. Each has been made available in.wav format and.mp3 format. The files in the.mp3 format are much smaller and suitable for downloading in situations where bandwidth is restricted. The ebook is available here on ResearchGate. But for access to the ebook and associated audio files, search the University of Kansas Libraries ScholarWorks website. (shrink)

In the darkness of difficult times, in the degradation of human nature and in the slumber of consciences, we resolutely affirm with the accuracy of the hermeneutic lógos and the mild gentleness of the óneiro the centrality of the human person within the pedagogical discourse. In the knowledge and care of the dignity, richness and wholeness constitutive of the potential of intentional consciousness we recognize the specific object of educational theory and the safe path to the global empowerment (...) of individual and society. That is why we conceive of tea-ching as a paideia of virtues: that is to say, as a most excellent art to which the whole of existence is to be devoted. That is why our children and pupils are welcomed, loved and accustomed to freely exercise their will and judgment, guided by imagination, enthusiasm, history, great ideals, faith and example, so that their hearts and intelligence learn to recognize, cherish and grow the seeds of hope in a better future. (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)

Arguments concerning central issues of contemporary Medical Ethics often not only bear similarities, but also derive their sheer essence from notions which belong to the celebrated history of Ethics. Thus, argumentation pro euthanasia and assisted suicide which focus on the detainment of dignity and the ensuring of posthumous reputation on behalf of the moral agent is shown to echo stoic views on arête and the subordination of life to the primary human goal, namely the achievement of virtue. The progress (...) made in palliative care when seen alongside the — steadily increasing — requests for suicide, is indicative of the fact that, though pain now days can be effectively controlled, moral agents often consider the preservation of their life detrimental to the detainment of virtue or posthumous reputation. The stoic view is considered to justify elective death as a personal choice, but is deemed inadequate as well as inconsistent in the broader context of a coherent value theory. (shrink)