Abstract

The analysis of the relationship between human dignity and private law requires distinguishing self-determination from autonomy. Self-determination manifests itself in an individual decision, whereas autonomy creates an individual rule which also meets the transcendental requirements of a law. In this perspective, human dignity is the ground of autonomy, though a limit to self-determination. According to Kant, human dignity is connected with the anthropological difference between homo phaenomenon and homo noumenon. One violates human dignity when one reduces a person to his phenomenic part. Respect for human dignity implies duties to others as well as to the self. By means of a legal act, man cannot deprive himself of what originally belongs to him.