Dignity : Its History and Meaning

by Rosen, Michael

• ISBN13: 9780674064430
• ISBN10: 0674064437
• Format: Hardcover
• Copyright: 2012-03-20
• Publisher: Harvard Univ Pr

Summary

Dignity plays a central role in current thinking about law and human rights but there is sharp disagreement about its meaning. Combining conceptual precision with a broad historical background, Michael Rosen puts these controversies in context and offers a novel, constructive proposal. Drawing on law, politics, religion, and culture, as well as philosophy, Rosen shows how modern conceptions of dignity inherit several distinct strands of meaning. This is why users of the word nowadays often talk past one another. The idea of dignity as the foundation for the universal entitlement to human rights represented the coming together after the Second World War of two extremely powerful traditions: Christian theology and Kantian philosophy. Not only is this idea of dignity as an "inner transcendental kernel" behind human rights problematic, Rosen argues, it has drawn attention away from a different, very important, sense of dignity: the right to be treated with dignity, that is, with proper respect. At the heart of the argument stands the giant figure of Immanuel Kant. Challenging current orthodoxy, Rosen's interpretation presents Kant as a philosopher whose ethical thought is governed, above all, by the requirement of showing respect toward a kernel of value that each of us carries, indestructibly, within ourselves. Finally, Rosen asks (and answers) a surprisingly puzzling question: why do we still have a duty to treat the dead with dignity if they will not benefit from our respect?

Table of Contents

Preface	p. ix
References and Abbreviations	p. xix
"The Shibboleth of All Empty-Headed Moralists"	p. 1
Humbug?	p. 1
Cicero and After	p. 11
Kant	p. 19
Grace and Dignity	p. 31
Dignity and Equality	p. 38
Hierarchy	p. 47
Respect for Rights and the Right to Respect	p. 54
The Legislation of Dignity	p. 63
Dwarves with Dignity	p. 63
Germany	p. 77
The Kantian Background: The Formula of Humanity	p. 80
Catholicism and the Grundgesetz	p. 90
Interpreting the Grundgesetz	p. 100
Daschner and the Air Safety Law	p. 104
Is There a Consistent Interpretation?	p. 107
Voluntarism	p. 119
Conclusion	p. 125
Duty to Humanity	p. 129
Humanism	p. 129
A Utilitarian Response	p. 131
Externalism	p. 133
Non-Human Things May Be Intrinsically Good	p. 135
Duty	p. 138
Kant	p. 142
Duty without Platonism	p. 156
Notes	p. 163
Index	p. 169
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