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Periodical article | Leiden University catalogue | WorldCat |
Title: | 'Dignatio' and the human body |
Author: | Barrett, Jonathan |
Year: | 2005 |
Periodical: | South African Journal on Human Rights |
Volume: | 21 |
Issue: | 4 |
Pages: | 525-546 |
Language: | English |
Geographic term: | South Africa |
Subjects: | human rights constitutions legal terminology |
External link: | https://doi.org/10.1080/19962126.2005.11865147 |
Abstract: | Dignity is a homonym, signifying both private law conceptions of valuable reputation, and the innate humanness that informs universal human rights. Natural law tradition distinguishes between these two substantially different ideas by referring to the former as 'dignitas' and the latter as 'dignatio'. As implicitly confirmed by certain landmark decisions, notably 'Makwanyane', the dignity guaranteed by the Constitution of South Africa is 'dignatio'. However, in 'Jordan', the Court appears to have relied on 'dignitas' to give meaning to inherent human dignity. In this article, the author argues why constitutional dignity is 'dignatio' and outlines certain consequences that arise from this. Furthermore, he argues that 'dignatio' is principally realized when respect is shown to the human body. Such respect includes fostering autonomy in relation to the body; rejecting a market imaginary for investigating humanness; and ensuring that the exclusion of those never yet fully included in society does not continue. Notes, ref., sum. [Journal abstract] |