Žmogaus orumo ir teisės į orumą sampratų įvairovė ir jos kritinė analizė.
MetadataShow full item record
The article analyses the scientific discussion that revises one of the measures of legal thought – person‘s dignity – as legal category. The system of values has changed as a result of political community‘s orientation to establishment of the rule of law state. Etatistic conception of law is changed by civil, according to which the public authority establishing law must take into consideration values that are not dependent on its will such as natural rights thus also the right to dignity. It is generally accepted that dignity is a fundamental legal category in the human rights system, however there is hardly another such a fundamental and indefinite concept. Person‘s dignity is recognised as universally accepted ideal and is being evaluated twofold in the international and national legal instruments of the democratic countries: as the basis of human rights and as separate law. This raises uncertainty and confusion of the concept. However, none of the legal instruments does not try to reveal the content of dignity and does not formulate the conception of the right to dignity. While unambiguity of the concepts would help persons to regulate their conduct more effectively and to avoid negative outcomes in the legal practice. Person‘s dignity is rather differently interpreted also by scholars. Researches of various braches of science show the reaction towards the narrowness of the concept of dignity. There emerge several viewpoints in the scientific discussions: theological and biological viewpoints that consider the content of dignity as natural characteristics of a person and identify dignity with the right to dignity on the level of capacity. Non-traditional conception, that considers social relation as the content of dignity highlights a role of a person in creating his individual social value.
- Straipsniai / Articles