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How the dignity was understood in law in past and how it should be today

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  • Michal Najman

    (University of Lodz, Department of Law Policy, Poland)

Abstract

In the current legal discourse, the concept of dignity is becoming more common. It is considered the highest axiom, which every violation deserves to be condemned. However, we forget about the conceptual basis of a given concept, its history and original overtones. We do not remember that certain concepts are created solely to systematize the created or existing social and political situations. The purpose of the article is to attempt to answer the question of how to understand the concept of dignity in legal discourse. It is worth bearing in mind that dignity is indicated as "this" (value or maybe something else) from which human rights originate. That is why it should be rejected as a value because the value itself is not a value. However, one must opt for an objective understanding of dignity, rejecting its moral background proposed, among others by the doctrine of the Catholic Church, if we want to treat it as a legal category.

Suggested Citation

  • Michal Najman, 2021. "How the dignity was understood in law in past and how it should be today," Perspectives of Law and Public Administration, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 11(Special I), pages 316-331, October.
    • Handle: RePEc:sja:journl:v:11:y:2021:i:special:p:316-331
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    More about this item

    Keywords

    dignity; value; legal category; law.;
    All these keywords.

    JEL classification:

    • K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)

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