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Interdisciplinary exploration of Asian understandings of human dignity and human rights in courts, religion, and socio-political changes.
This introduction to human dignity explores the history of the notion from antiquity to the nineteenth century, and the way in which dignity is conceptualised in non-Western contexts. Building on this, it addresses a range of systematic conceptualisations, considers the theoretical and legal conditions for human dignity as a useful notion and analyses a number of philosophical and conceptual approaches to dignity. Finally, the book introduces current debates, paying particular attention to the legal implementation, human rights, justice and conflicts, medicine and bioethics, and provides an explicit systematic framework for discussing human dignity. Adopting a wide range of perspectives and taking into account numerous cultures and contexts, this handbook is a valuable resource for students, scholars and professionals working in philosophy, law, history and theology.
Using interdisciplinary methods, this book is a pioneering exploration of Asian understandings of human dignity and human rights. It encompasses rigorous scrutiny of dignity jurisprudence in major Asian apex courts, detailed philosophical analysis of dignity in religious traditions, and contextualized socio-political analysis of religious dignity discourse in several Asian societies. This is an innovative systematic survey of how human dignity is understood in Asia, demonstrating how those understandings converge and diverge with other parts of the world. Synthesising legal, philosophical, and sociological expertise, this volume furthers the dialogue between Asia and the West, and advances debates on whether human rights are universal or particular to any one region. As many of the world's liberal democracies are challenged by polarization and populism, this comparative study of human dignity broadens our horizons and offers a potential alternative to a rigidified social imagination.
We often speak of the dignity owed to a person. And dignity is a word that regularly appears in political speeches. Charters are promulgated in its name, and appeals to it are made when people all over the world struggle to achieve their rights. But what exactly is dignity? When one person physically assaults another, we feel the wrong demands immediate condemnation and legal sanction. Whereas when one person humiliates or thoughtlessly makes use of another, we recognize the wrong and hope for a remedy, but the social response is less clear. The injury itself may be hard to quantify. Given our concern with human dignity, it is odd that it has received comparatively little scrutiny. Here, George Kateb asks what human dignity is and why it matters for the claim to rights. He proposes that dignity is an “existential” value that pertains to the identity of a person as a human being. To injure or even to try to efface someone’s dignity is to treat that person as not human or less than human—as a thing or instrument or subhuman creature. Kateb does not limit the notion of dignity to individuals but extends it to the human species. The dignity of the human species rests on our uniqueness among all other species. In the book’s concluding section, he argues that despite the ravages we have inflicted on it, nature would be worse off without humanity. The supremely fitting task of humanity can be seen as a “stewardship” of nature. This secular defense of human dignity—the first book-length attempt of its kind—crowns the career of a distinguished political thinker.
European constitutionalism is not merely an intra-European phenomenon but it can also be compared to other major forms of constitutionalism. Over the past decade or so issues have emerged which seem to indicate that European constitutional theory and practice is becoming aware that it has developed certain rules and possesses certain characteristics which distinguish it from US constitutionalism and vice versa. This book explores whether such differences can be found in the five areas of 'freedom of speech', 'human dignity', 'duty to protect', 'adjudication' and 'democracy and international influences'. The authors of this book are constitutional scholars from Europe and the United States as well as from other constitutional states, such as Canada, Israel, Japan, Peru and South Africa.
Indivisibility and Hierarchy among Human Rights -- Notes -- References -- Index
Originally published in 2012, Dignity Rights is the first book to explore the constitutional law of dignity around the world. In it, Erin Daly shows how dignity has come not only to define specific interests like the right to humane treatment or to earn a living wage, but also to protect the basic rights of a person to control his or her own life and to live in society with others. Daly argues that, through the right to dignity, courts are redefining what it means to be human in the modern world. As described by the courts, the scope of dignity rights marks the outer boundaries of state power, limiting state authority to meet the demands of human dignity. As a result, these cases force us to reexamine the relationship between the individual and the state and, in turn, contribute to a new and richer understanding of the role of the citizen in modern democracies. This updated edition features a new preface by the author, in which she articulates how, over the past decade, dignity rights cases have evolved to incorporate the convergence of human rights and environmental rights that we have seen at the international level and in domestic constitutions.
This book reveals how the idea of human security, combined with other human-centric norms, has been embraced, criticized, modified and diffused in East Asia (ASEAN Plus Three). Once we zoom in to the regional space of East Asia, we can see a kaleidoscopic diversity of human security stakeholders and their values. Asian stakeholders are willing to engage in the cultural interpretation and contextualization of human security, underlining the importance of human dignity in addition to freedom from fear and from want. This dignity element, together with national ownership, may be the most important values added in the Asian version of human security.
Analyses the emerging human rights norms, regional institutions and enforcement mechanisms in Asia.
This is the first book that explicitly outlines Asian contributions to the elaboration of universal human rights values that were proclaimed in the Universal Declaration of Human Rights of 1948. Evidence of Asia’s contribution from the historical records of the Commission on Human Rights (1946 to 1948) profoundly refutes any remnants of the relativist ‘Asian values’ discourse. Asians shaped the ‘new humanism’ of the UDHR and the universal values that they also brought to bear on the drafting of this document. The book brings this evidence into focus in order to enter them into contemporary human rights discourse in Asia. The book coincides with the 70th anniversary (2018) of the UDHR and contributes to the ongoing global dialogue between states and societies in the development of human rights norms. At this time, the elucidation of the Asian contribution in this work is part of this dialogue.