Human dignity and its normative consequences in legal argument: Is this a useful concept?

Authors

  • Carmen Tomás-Valiente Lanuza

Keywords:

Dignity, commodification, personal autonomy

Abstract

In recent times, dignity is being increasingly used in very different contexts, both in moral Philosophy and from a purely legal perspective, which includes its use as a basis for judicial decision-making. In this paper (adopting as a guide the Spanish Constitutional Court jurisprudence) we will try to systematize and critically analyze dignity’s legal applications and its various normative consequences, and to offer some thoughts about the necessity of a restrictive use of the concept.