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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:'Dignatio' and the human body
Author:Barrett, JonathanISNI
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
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]
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