Hoda Has Dignity
RapastaNorm
Intro
Constitution of SA has created a progressive value system premised on constitutional supremacy
Right to dignity at the center of the system
Human rights is grounded in securing human dignity for all
For human rights to work, some common understanding has to prevail
the world has to be down with a universal culture that protects human rights, but in accordance with revered norms
in order for this to work human rights has to be measured with human dignity
Article argues that Human dignity is the soul of human rights, esp human dignity
Figuring out the definition
Dignity points to person's inviolability as derived from his or her natural image
Human dignity is an expansive concept that is best understood by looking at its prime social value to human kind
Has to have benchmarks that everyone can like
Human Dignity: Worthiness or excellence attributed to humans for being human
Literature and stuff on Dignity
Perspectives
Sociological
Legalistic & Political approach
Economic viewpoint
Humans are born with equal dignity
Humans should be afforded their dignity
State has to guarantee this
The right to development as a human right
Renumeration
It is in the UNDR
Human Rights literature
State's primary responsibility is to respect Human Dignity
Literature Search
Kant: human beings have to be treated as an end
Pufendorf: dignity comes from the social behavior of humans
Meyer: A sense of dignity exists, one has to realize their own dignity to secure others
Chakalson: dignity is just respect to others
Gutto: vigorous pursuit of human dignity can lead to positive peace
South Africa
1994: South Africa created a liberal legal system focused on transformative constitutionalism
Transformative constitutionalism: focus the constitution on changing power dynamics in the country in a democratic and egalitarian way
Redressing past grievances and guiding the nation to a better future
Have a quality of life that are able to assert dignity
Socioeconomic rights
Housing
Health-care
Education
Challenges
Economy is terrible
Social Grants
not a permanent solution
sustainability
Public-Private sector
Public services terrible and for the poor
KleinigFlourishing
Flourishing leads to Dignity which leads to Human Rights
Flourishing: Various ways in which Humans can, throughout their lives, develop and live well
Humans are developing, natural objects
One that does not flourish, stagnates
Metaphor: Plants and animals flourish
Become a good example of his kind
we have an idea of what the plant or animal is able to become
if it achieves that it flourishes
Humans: following a particular development trajectory, acquiring skills, knowledge, achieving a particular mental state, realizing set of values
Differences
human flourishing much more individualized
Plant/animal very uniform
one can flourish in academics, athletics, music, etc.
what a person needs to flourish might change through life
retirement, etc.
any conception needs to leave room for individual, social, and historical contingencies
flourishing requires things like food/water, health, friendship
need to create internal and external constraints into human conduct for everyone to flourish
not just deriving ethical values from human flourishing
written confusingly
ones flourishing path is different from anothers
story of fred
brings up point of objective vs subjective flourishing
fred is hedoistic
plants have a lifecycle
humans don't have to stop flourishing
yet we do have a lifecycle that influences how we flourish
we develop dispositions (virtuous habits) and social rules (moral rules and principles) that enable flourishing to occur
Dignity
Kantian terms
dignity does not come from bare idea of rationality of freedom
we have dignity
because we are people who decide on things not only on means-ends determination, but we make judgement on what is appropriate or inappropriate
we choose through morality
but we only have dignity when we treat those the way we want to be treated
the moral actions that we think are true we have to act on them
connecting dignity and flourishing
dignity will create the boundaries needed for human flourishing
Human rights
We should recieve human rights because of our dignity
it is our normative capacity and commitment – our capacity and ability to guide our lives by means of considerations of appropriateness (and not mere efficacy) – that undergrids our status as rights bearers, and those who act in ways that would compromise, subvert, or destroy that capacity and ability do not merely impede but violate us, and thus render themselves subject to sanctions (such as those implicit in criminal law)
how do you tell if a human flourishes
YamadaTheraputic
Public policy can lead to dignity denials and anti-therapeutic impacts
Have to embrace therapeutic jurisprudence with a society grounded in human dignity
three ways to engaging legislation using TJ
challenges of adding TJ to legislation and politics
Public policy is now only focused on economics
fear, anxiety, and trauma are often the by-products of public policies stoked by anger and designed to shock.
TJ has to be implemented to deal with this
What is TJ
Wexler Metaphor
Wine inside the bottle is how legislatures do work
The bottle is the rules and institutions that legislatures go through
Uses Healthcare & American Immigration debate
TJ can be used to justify both left and right positions
Families being seperated
Burden a nation's economic resources
Doesn't have to be main framework of legalism
Measure affect on policies through how it affects Human Dignity
Intellectual Activism
foundational research into seeing whats wrong
Problems
Hey what is theraputic justice
why is dignity added
Law & Emotion
New Haven School
“it seeks to develop tools to bring about changes in public and civic order that will make them more closely approximate the goals of human dignity which it postulates
action to fix it
5 steps
shed light on the emo-
tions that pervade the legal system
p contributes to a more informed, realistic, and effective framework for refining legal doctrine and reforming le- gal institutions
involves researching the psychological, social, economic and political conditions that inform our understanding of the problem or situation
“examines the state of the law relevant to the given pol-
icy issue(s) with an eye towards assessing whether a legislative response is appropriate