Human Dignity and Its Premises in the Pandemic Crisis

Gabriela Nemtoi ()
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Gabriela Nemtoi: Associate Prof. PhD, “Ştefan cel Mare†University of Suceava

European Journal of Law and Public Administration, 2021, vol. 8, issue 2, 1-14

Abstract: Human dignity is a component that is part of the quality of existing as a human being even if the latter is the product of creationism or evolutionism. In its content, dignity is the carrier of complex scientific valences, combining the philosophical-religious paradigm with the legal one. In this context, the literature presents human dignity as an aspect traditionally associated with the division of public law, which evokes a super-positive reality, synthesizing elements of religion, ethics and morals located in a position superior to positive law, orienting the latter. The modern meaning given to human dignity oscillates between the illustrative character and the prescriptive character being constituted, in a complex sense, by the fusion between the moral content and the coercive right (Habermas, 2010, pp. 464-480) and, from another perspective, a stable notion that presupposes an objective moral principle that makes possible the legal recognition of human rights. The inability to include human dignity as a right in a unitary conceptualization leads, first of all, to the vast philosophical hermeneutics that is implicit in the discourse on dignity.

Keywords: Rights and freedoms; the right to life; human dignity; crisis situation (search for similar items in EconPapers)
JEL-codes: K10 K12 K15 (search for similar items in EconPapers)
Date: 2021
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Persistent link: https://EconPapers.repec.org/RePEc:lum:ejlpa1:v:8:y:2021:i:2:p:1-14

DOI: 10.18662/eljpa/8.2/155

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