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Human Dignity and Its Premises in the Pandemic Crisis

Author

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  • Gabriela Nemtoi

    (Associate Prof. PhD, “Ştefan cel Mare†University of Suceava)

Abstract

Human dignity is a component that is part of the quality of existing as a human being even if the latter is the product of creationism or evolutionism. In its content, dignity is the carrier of complex scientific valences, combining the philosophical-religious paradigm with the legal one. In this context, the literature presents human dignity as an aspect traditionally associated with the division of public law, which evokes a super-positive reality, synthesizing elements of religion, ethics and morals located in a position superior to positive law, orienting the latter. The modern meaning given to human dignity oscillates between the illustrative character and the prescriptive character being constituted, in a complex sense, by the fusion between the moral content and the coercive right (Habermas, 2010, pp. 464-480) and, from another perspective, a stable notion that presupposes an objective moral principle that makes possible the legal recognition of human rights. The inability to include human dignity as a right in a unitary conceptualization leads, first of all, to the vast philosophical hermeneutics that is implicit in the discourse on dignity.

Suggested Citation

  • Gabriela Nemtoi, 2021. "Human Dignity and Its Premises in the Pandemic Crisis," European Journal of Law and Public Administration, Editura LUMEN, vol. 8(2), pages 1-14, December.
  • Handle: RePEc:lum:ejlpa1:v:8:y:2021:i:2:p:1-14
    DOI: https://doi.org/10.18662/eljpa/8.2/155
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    More about this item

    Keywords

    Rights and freedoms; the right to life; human dignity; crisis situation;
    All these keywords.

    JEL classification:

    • K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)
    • K12 - Law and Economics - - Basic Areas of Law - - - Contract Law
    • K15 - Law and Economics - - Basic Areas of Law - - - Civil Law; Common Law

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