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作 者:张卓明 ZHANG Lianying(Translated) ZHANG Zhuoming;ZHANG Lianying(Translated)(School and Institute of Human Rights,East China University of Political Science and Law;不详)
机构地区:[1]School and Institute of Human Rights,East China University of Political Science and Law [2]不详
出 处:《The Journal of Human Rights》2022年第6期1265-1283,共19页人权(英文版)
基 金:phased achievement of the“Research on Human Dignity from the Perspective of the Rule of Law Culture”,a Ministry of Justice’s ministerial scientific research project on the Construction of the Rule of Law and Legal Theory in 2021(21SFB2004)。
摘 要:Jeremy Waldron’s philosophy of dignity is not a moral philosophy,but a legal philosophy,as he argued that dignity is a concept created by law and it is not of moral value.His concept of dignity as status is based on historicism and positivism.He believes that the development from an unequal society in ancient times to an equal modem society is a progressive history in which the dignity of ordinary people is being constantly improved.In modem society,the dignity of man means that all men are at the same rank and everyone has a lofty status.To a certain extent,Waldron’s theory of dignity as status transcends the Western ideology of liberalism and individualism and provides a relatively neutral theoretical basis for the universal acceptance and wide application of international human rights.Meanwhile,it provides new ideas for understanding the internal connections between rights and responsibilities,dignity and the state,as well as the dignity of individuals and the dignity of groups.In addition to the universal concept of dignity as status,Waldron put forward the compound concept of particular dignity to contain the values of human dignity in modem society.However,he denied the logical priority of the concept of dignity as a value and promoted the concept of dignity as a status at the ontological level,which could have the limitation of misplacing value from the perspective of moral philosophy.
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