The principle of human dignity, law and relativism
: the challenge of connecting diversity

  • Thales Gonçalves Della Giustina (Student)

Student thesis: Master's Thesis

Abstract

The main scope of this thesis is to analyze Human Dignity as a universal principle that is vital to democracy and the rule of law. The main challenge faced by such a proposition is the current global context of human diversity and the continuous relativization of normative standards. Whether in the domain of morality, socio-cultural habits or political interests, a growing number of people have embraced their own perspectivism rather than accept a neutral standpoint of judgment. In this relativistic scenario, normative precepts posit relative validity, that is, whether something is true or not, right or wrong, just or unjust, comes to be a matter of context related to historical periods, cultures, environment, and so on. The problem to be analyzed herein lies in the continuing need for heterogeneous people to engage in some sort of public compromise to construct minimal arrangements for disputes of a collective nature. Chapter 1 introduces the basic philosophical contours of relativistic thought and its implications towards the polarization of ideas, and also brings to light how relativism might lead to the rise of a positivistic legal standard. Chapter II offers a theoretical and historical analysis of the normative concept of Human Dignity, and demonstrates through doctrinal review and case studies that it can serve as a fundamental bridge principle that connects distinct perspectives through a common starting point: the universal recognition of human value. The conclusion reached was that we ought to acknowledge the universal worth of humanity in order to ensure that all processes of rational communication are conducted in an environment of mutual respect, freedom of debate and open criticism. It is precisely by embracing a ubiquitous concept of Human Dignity that democracy and the rule of law will find their axiological foothold and prosper hand in hand.
Date of Award1 Jul 2021
Original languageEnglish
Awarding Institution
  • Universidade Católica Portuguesa
SupervisorJoão Pereira Coutinho (Supervisor)

Designation

  • Mestrado em Governação, Liderança e Estudos sobre a Democracia

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