Open Access
Human Dignity and Its Premises in the Pandemic Crisis
Author(s) -
Gabriela Nemţoi
Publication year - 2021
Publication title -
european journal of law and public administration
Language(s) - English
Resource type - Journals
eISSN - 2559-7671
pISSN - 2360-6754
DOI - 10.18662/eljpa/8.2/155
Subject(s) - dignity , epistemology , sociology , meaning (existential) , conceptualization , law , environmental ethics , philosophy , political science , linguistics
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.