The rule of law in the function of human dignity
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Human dignity is the universal value of human beings. They have
this value because they are potentially mindful beings. This does not mean that
every man is mindful, but that every man can be mindful, and therefore dignified. It makes possible for people to understand and accept themselves and
others as a purpose. Therefore, the cognitive power of people and the ability to
impose on themselves the moral principles of conduct themselves are the basic
prerequisite for dignity. People can be their own legislators, which means free
beings. An important step in achieving human dignity is human will. Human
actions must be in line with the mental knowledge of a priori principles of action, the essence of which is reflected in the ethics of duty, towards oneself and
others. Hence, dignity has two very important aspects. The first concerns the
attitude towards oneself, and the other relates to others. As a legal requirement,
human dignity is the duty of the state and individuals to re...frain from all acts
that violate human dignity. By virtue of the rule of law, the state fulfils its duty
of protection of dignity as a system of laws containing prohibitions of violation
of human dignity. However, the fundamental role of the rule of law in the protection of human dignity should not be seen solely in the set of a ban on such
conduct. The rule of law, understood as the ideal of the rule of mindful laws,
can provide much more through the standardization of social relations that
affirm the conditions for survival of the individual as a free and dignified being
and create conditions for the free, creative and responsible life of citizens. This
implies the affirmation of not only legal-political, but also socio-economic preconditions for the dignified life of people.
Кључне речи:
human dignity / the rule of law / mindfulness / Kant / reason / impulsesИзвор:
NBP : Journal of Criminalistic and Law = Žurnal za kriminalistiku i pravo, 2019, 24, 2, 17-28Издавач:
- Belgrade : University of Criminal Investigation and Police Studies
- Beograd : Kriminalističko-policijski univerzitet