Giampaolo Azzoni

Human Dignity and Private Law

Are you already subscribed?
Login to check whether this content is already included on your personal or institutional subscription.

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.

Keywords

  • Anthropological difference - autonomy - Immanuel Kant - legal act - self-determination

Preview

Article first page

What do you think about the recent suggestion?

Trova nel catalogo di Worldcat