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From Human Dignity to Natural Law

From Human Dignity to Natural Law
Author: Richard Berquist
Publisher: Catholic University of America Press
Total Pages: 264
Release: 2019-10-11
Genre: Law
ISBN: 0813232422

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From Human Dignity to Natural Law shows how the whole of the natural law, as understood in the Aristotelian Thomistic tradition, is contained implicitly in human dignity. Human dignity means existing for one’s own good (the common good as well as one’s individual good), and not as a mere means to an alien good. But what is the true human good? This question is answered with a careful analysis of Aristotle’s definition of happiness. The natural law can then be understood as the precepts that guide us in achieving happiness. To show that human dignity is a reality in the nature of things and not a mere human invention, it is necessary to show that human beings exist by nature for the achievement of the properly human good in which happiness is found. This implies finality in nature. Since contemporary natural science does not recognize final causality, the book explains why living things, as least, must exist for a purpose and why the scientific method, as currently understood, is not able to deal with this question. These reflections will also enable us to respond to a common criticism of natural law theory: that it attempts to derive statements of what ought to be from statements about what is. After defining the natural law and relating it to human or positive law, Richard Berquist considers Aquinas’s formulation of the first principle of the natural law. It then discusses the love commandments to love God above all things and to love one’s neighbor as oneself as the first precepts of the natural law. Subsequent chapters are devoted to clarifying and defending natural law precepts concerned with the life issues, with sexual morality and marriage, and with fundamental natural rights. From Human Dignity to Natural Law concludes with a discussion of alternatives to the natural law.


The Inherence of Human Dignity

The Inherence of Human Dignity
Author: Barry W. Bussey
Publisher: Anthem Press
Total Pages: 278
Release: 2021-02-15
Genre: Law
ISBN: 1785276530

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Focused on the more practical level, volume 2 seeks to understand the work dignity may do as a foundation for law, how it is related to religious liberty, and how we should adjudicate religious liberty disputes at the individual and corporate level. What is the sphere of human dignity that the law should be trying to protect? Is the role of dignity helpful as a foundational legal concept, and if so, how exactly? What is the status of religious liberty as a component of human dignity, and how is it to be balanced with other individual rights, such as freedom of expression? And finally, to what extent can the law adjudicate corporate religious claims?


Human Dignity, Religion and the Law

Human Dignity, Religion and the Law
Author: Mark Hill KC
Publisher: Taylor & Francis
Total Pages: 198
Release: 2024-09-09
Genre: Law
ISBN: 1040130763

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The concept of human dignity is already embedded in the constitutional architecture of the European Union and throughout the world, but it remains a slippery and elusive concept. In this volume, leading commentators from across the globe address the shift from the monolithic influence of major world religions in the past towards religious pluralism coupled with the increased secularism of civil society. The contributors, drawn from different backgrounds and traditions, explore how the deployment of a nuanced understanding of human dignity can provide a way to maximise religious liberty for all within liberal democracies. Specific consideration is given to the reasonable accommodation of religious practices through exemptions to generally applicable laws, conscientious objection on the grounds of religious beliefs, the interplay between religious pluralism and legal pluralism, balancing religious sensibilities with same-sex marriage, exercising the right to change one’s religion, both generally and with a particular focus on data protection, protecting the right to asylum in the light of recent changes in migratory flows and exploring its impact on those enjoying non-theistic beliefs, as well as the complex relationship between the Ukrainian and Russian Orthodox Churches in these febrile times. Through the prism of informed investigation of these matters of specificity, the volume offers readers fresh insights and analysis which collectively contribute to an overall picture of governments in liberal democracies being encouraged and enabled to foster laws and practices whereby pluralism can be encouraged, and human dignity can flourish. The book will be of interest to academics, researchers and policy-makers working in the areas of Law and Religion, Human Rights Law, Constitutional Law and International Relations.


Dignity and International Human Rights Law

Dignity and International Human Rights Law
Author: Brett G. Scharffs
Publisher: Routledge
Total Pages: 267
Release: 2021-10-25
Genre: Law
ISBN: 1000457346

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The Punta del Este Declaration, and this book dedicated to elaborating upon it, is devoted to exploring the ways that human dignity for everyone everywhere can be a useful tool in helping to address the challenges and strains facing human rights in the world today. In 2018, an initiative was instigated to revitalize the human rights project by way of engaging the notion of human dignity. This resulted in the Punta Del Este Declaration on Human Dignity for Everyone Everywhere (Punta Del Este Declaration), a declaration co-authored by over 30 human rights experts from all over the world. The Punta Del Este Declaration simplifies and brings coherence to the concept of human dignity in 10 brief statements that capture the many dimensions and aspects of human dignity and the practical ways that human dignity is useful in the promotion of human rights. This book provides an overview of how the notion of human dignity has been used to strengthen human rights. It discusses how human dignity playsmany different roles in human rights discourse and has the force to revitalize the human rights project; it is the foundational principle upon which the human rights project is built. But it is also the telos, or end goal, of human rights. At the same time, it is an important evaluative mechanism for assessing how well a country is doing in the implementation of human rights. The book will be a valuable resource for all those working in the areas of International Human Rights Law, Legal Philosophy, and Law and Religion.


Understanding Human Dignity

Understanding Human Dignity
Author: Christopher McCrudden
Publisher: Proceedings of the British Aca
Total Pages: 0
Release: 2014
Genre: Law
ISBN: 9780197265826

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The concept of 'human dignity' has become central to politics, law and theology but is little understood. This book presents a wide-ranging collection of edited essays from specialists in law, theology, politics and history and defines the main areas of current debates about the concept in these disciplines.


The Inherence of Human Dignity

The Inherence of Human Dignity
Author: Angus J. L. Menuge
Publisher: Anthem Press
Total Pages: 365
Release: 2021-02-15
Genre: Law
ISBN: 1785276506

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Focused at the theoretical level, this volume seeks to clarify our understanding of various historical and contemporary concepts of human dignity. It examines the various meanings of the term ‘dignity’ before looking at the philosophical sources of dignity and both religious and secular attempts to provide a grounding for the notion. It also compares the merits and defects of older and newer concepts of dignity, including extensions of dignity to groups, animals, and machines.


Dignity

Dignity
Author: Remy Debes
Publisher: Oxford University Press
Total Pages: 437
Release: 2017-06-01
Genre: Philosophy
ISBN: 0190677546

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In everything from philosophical ethics to legal argument to public activism, it has become commonplace to appeal to the idea of human dignity. In such contexts, the concept of dignity typically signifies something like the fundamental moral status belonging to all humans. Remarkably, however, it is only in the last century that this meaning of the term has become standardized. Before this, dignity was instead a concept associated with social status. Unfortunately, this transformation remains something of a mystery in existing scholarship. Exactly when and why did "dignity" change its meaning? And before this change, was it truly the case that we lacked a conception of human worth akin to the one that "dignity" now represents? In this volume, leading scholars across a range of disciplines attempt to answer such questions by clarifying the presently murky history of "dignity," from classical Greek thought through the Middle Ages and Enlightenment to the present day.


The Reality of Human Dignity in Law and Bioethics

The Reality of Human Dignity in Law and Bioethics
Author: Brigitte Feuillet-Liger
Publisher: Springer
Total Pages: 318
Release: 2018-11-19
Genre: Law
ISBN: 3319991124

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Adopting an interdisciplinary perspective, this volume explores the reality of the principle of human dignity – a core value which is increasingly invoked in our societies and legal systems. This book provides a systematic overview of the legal and philosophical concept in sixteen countries representing different cultural and religious contexts and examines in particular its use in a developing case law (including of the European Court of Human Rights and of the Inter-American Court of Human Rights). Whilst omnipresent in the context of bioethics, this book reveals its wider use in healthcare more generally, treatment of prisoners, education, employment, and matters of life and death in many countries. In this unique comparative work, contributing authors share a multidisciplinary analysis of the use (and potential misuse) of the principle of dignity in Europe, Africa, South and North America and Asia. By revealing the ambivalence of human dignity in a wide range of cultures and contexts and through the evolving reality of case law, this book is a valuable resource for students, scholars and professionals working in bioethics, medicine, social sciences and law. Ultimately, it will make all those who invoke the principle of human dignity more aware of its multi-layered character and force us all to reflect on its ability to further social justice within our societies.


Human Rights and Human Dignity

Human Rights and Human Dignity
Author: John Warwick Montgomery
Publisher: New Reformation Publications
Total Pages: 306
Release: 2018-02-06
Genre: Political Science
ISBN: 1945500107

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No one is against human rights. It is obviously a good thing-until one starts to think about the meaning of the term and its implications. Then it shows itself to be an idea that polarizes, encouraging uncritical support and also extreme reaction from both secularists and religionists. John Warwick Montgomery, who is both a lawyer and a theologian, is uniquely qualified to address the question of human rights. In clear, easily understood language, he analyzes what human rights are and addresses the crucial question, "How can human rights, properly understood, be legitimated?" Montgomery shows that is there is a foundation for human rights, it must be sought in a transcendent perspective, in the revelational content of the Bible.