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Hoda Has Dignity (KleinigFlourishing (Dignity (we have dignity (because we…

- - - - One that does not flourish, stagnates
    - - 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
        
        ones flourishing path is different from anothers
        
        story of fred
        
        brings up point of objective vs subjective flourishing
        
        fred is hedoistic
        
        we develop dispositions (virtuous habits) and social rules (moral rules and principles) that enable flourishing to occur
        
        plants have a lifecycle
        
        humans don't have to stop flourishing
        
        yet we do have a lifecycle that influences how we flourish
  - - - 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
    - - dignity will create the boundaries needed for human flourishing
- - - - 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
  - - - Wexler Metaphor
        
        Wine inside the bottle is how legislatures do work
        
        The bottle is the rules and institutions that legislatures go through
      - 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
  - - - foundational research into seeing whats wrong
        
        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
      - action to fix it
    - - 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
    - - “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
        
        5 steps
- - - - 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
  - - - Sociological
        
        Humans are born with equal dignity
        
        Humans should be afforded their dignity
        
        State has to guarantee this
      - Legalistic & Political approach
        
        It is in the UNDR
      - Economic viewpoint
        
        The right to development as a human right
        
        Renumeration
      - Human Rights literature
        
        State's primary responsibility is to respect Human Dignity
    - - 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
  - - - 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
    - - Economy is terrible
      - Social Grants
        
        not a permanent solution
        
        sustainability
      - Public-Private sector
        
        Public services terrible and for the poor