The «Reverse of Dignity» and the Dignity of Law
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Abstract
In this article, the Author aims at demonstrating that: a) the protection of human dignity expressed in the constitutional texts and in the international charters of human rights is not a rethorical statement but it entails specific juridical effects; b) in secular and liberal legal systems, parliaments could restrict the freedom of an individual not only to protect other people's dignity, but also to preserve the «core content» of his/her own dignity; c) in order to protect human dignity, a liberal and secular legal system could ban people from performing a specific behavior even if it is harmful only to the one who displays it.
Keywords
- Human dignity - human rights - liberal-democratic constitutionalism - soft paternalism