Abstract
The article discusses the problems of identification of human dignity in constitutional and philosophical legal discourse, examines the sociobiological nature and essence of dignity in modern constitutionalism and international jurisprudence; the origin and use of "dignitas" in the Roman legal tradition; the development of ideas about human dignity in the Renaissance and their impact on legal doctrines and modern practice of constitutional justice. The work assesses the prospects for the elevation of human dignity in modern jurisprudence from the perspective of philosophical and meta-legal analysis. The article substantiates why the word "dignity" occupies a central position in the contemporary ethical and legal debate. The aim of the article is to define the meaning and role of legal polymorphism in creating various legal forms of human dignity; the role of dialogue between European and Russian constitutionalism on the issue of dignity; the impact of contemporary cultural diversity on the secularization and universalization of human dignity. The scientific canons for discussion of the category "human dignity" are expanding through the application of the concepts of iterativeity, polymorphism, divergence, expressive theory of law in matters of interaction of human rights, democratic constitutionalism, national and international legal order, various forms of human activity, involving the use of the potential of human rights in their sectoral and socio-political specifics.
Translated title of the contribution | Dignitatis humanae, modern constitutionalism and legal existence: Philosophical and anthropological, constitutional, international legal and socio-political aspects (Part 1) |
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Original language | Russian |
Article number | 3 |
Pages (from-to) | 38-52 |
Number of pages | 15 |
Journal | Общественные науки и современность |
Issue number | 5 |
DOIs | |
Publication status | Published - 11 Nov 2020 |
OECD FOS+WOS
- 5.05 LAW
State classification of scientific and technological information
- 10 STATE AND LAW. LEGAL SCIENCE