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Human Dignity of the Vulnerable in the Age of Rights

Interdisciplinary Perspectives

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This volume is devoted to exploring a subject which,
on the surface, might appear to be just a trending topic. In fact, it is much
more than a trend. It relates to an ancient, permanent issue which directly
connects with people’s life and basic needs: the recognition and protection of
individuals’ dignity, in particular the inherent worthiness of the most
vulnerable human beings. The content of this book is described well enough by
its title: ‘Human Dignity of the
Vulnerable in the Age of Rights’. Certainly, we do not claim that only the
human dignity of vulnerable people should be recognized and protected. We
rather argue that, since vulnerability is part of the human condition, human
vulnerability is not at odds with human dignity. To put it simply, human
dignity is compatible with vulnerability.
A concept of human dignity which discards or denies
the dignity of the vulnerable and weak is at odds with the real human
condition. Even those individuals who might seem more skilled and talented are
fragile, vulnerable and limited. We need to realize that human condition is not
limitless. It is crucial to re-discover a sense of moderation regarding
ourselves, a sense of reality concerning our own nature. Some lines of thought
take the opposite view. It is sometimes argued that humankind is – or is called
to be – powerful, and that the time will come when there will be no
vulnerability, no fragility, no limits at all. Human beings will become like
God (or what believers might think God to be). This perspective rejects human
vulnerability as in intrinsic evil. Those who are frail or weak, who are not
autonomous or not able to care for themselves,
do not possess dignity. In this volume it is claimed that vulnerability is an
inherent part of human condition, and because human dignity belongs to all
individuals, laws are called to recognize and protect the rights of all of
them, particularly of those who might appear to be more vulnerable and fragile.


Titel: Human Dignity of the Vulnerable in the Age of Rights
Autoren/Herausgeber: Aniceto Masferrer, Emilio García-Sánchez (Hrsg.)
Aus der Reihe: Ius Gentium: Comparative Perspectives on Law and Justice
Ausgabe: 1st ed. 2016

ISBN/EAN: 9783319326917

Seitenzahl: 338
Format: 23,5 x 15,5 cm
Produktform: Hardcover/Gebunden
Gewicht: 695 g
Sprache: Englisch

Aniceto Masferrer is Professor of Legal History and
teaches legal history and comparative law at the Faculty of Law, University of
Valencia, Spain. He is the author of eight books (including his Spanish
Legal Traditions. A Comparative Legal History Outline (Madrid, 2009; 2012,
2nd ed,)) and the editor of six (including Masferrer, A (ed.), Post 9/11 and the State of Permanent Legal Emergency: Security
and Human Rights in Countering Terrorism
(Springer, 2012), Masferrer, A & Walker, C
(eds.) Counter-Terrorism, Human Rights And The Rule
Of Law. Crossing Legal Boundaries in
Defence of the State (Edward
Elgar Publishing, 2013), and Masferrer, A., La
Codificación española. Una aproximación doctrinal e historiográfica a sus
influencias extranjeras, y a la francesa en particular (Thomson
Reuters-Aranzadi, 2014)), and sixty
book chapters/articles published in Spanish, European and American law
journals. He has published extensively on criminal law from an historical and
comparative perspective, as well as on the codification movement and
fundamental rights in the Western legal tradition. He has been a fellow
researcher at the Institute Max-Planck for European Legal History (2000-03),
Visiting Professor at the University of Cambridge (2005), Visiting Scholar at
Harvard Law School (2006-07) and at Melbourne Law School (2008), and Visiting
Professor at the University of Tasmania (2010), Visiting Scholar at Louisiana
State University – The Paul M. Hebert Law Center – (2013), Visiting Scholar at
George Washington University Law School (as the Recipient
of the Richard & Diane Cummins Legal History Research
Grant for 2014), and Visiting
Professor at the École Normale Supérieure
– Paris (2015). He has
lectured at universities around the world (France, Germany, Belgium, The
Netherlands, Malta, Israel, United Kingdom, Sweden, Norway, USA, Canada,
Australia and New Zealand). He is a member of the advisory board of several
Spanish, European, Anglo-American and Asian Law Journals, and the Chief Editor
of GLOSSAE. European Journal of Legal
History. He is
member of the American Society for Legal
History, the current president of the European
Society for Comparative Legal History (from 2010), and vice-president of
the Fundación Universitas. He is also
the Director of the Institute for Social,
Political and Legal Studies, member of the Spanish Royal Academy of Jurisprudence and
Legislation, and board member of the Valencian
Committee for European Affairs.
Emilio García-Sánchez is Biologist and Postgraduate Masters in Bioethics (University of
Navarra, 2010). He defended his thesis Master on The return of virtue bioethics to
the crisis of nature. He currently teaches Bioethics at the Faculties of Medicine and Nursing CEU
Cardenal Herrera University (Valencia,
Spain). He is the main researcher of Bioethics Research Group at his university. His main lines
of research are ethical and sociological
analysis of human vulnerability in today's culture: health and bioethical implications. He has
published two articles on the recognition
of the nature and dignity in the terminally ill. The latest in the Journal of Bioethics: ‘The
rescue of the human in the patient who
dies’ (2012). He was also the Editor of the issue nr 77 (vol. 23: ‘Eugenics in Today's Society’) of
the Journal of Bioethics (May 2012).
He is currently working on bioethical issues raised by the aesthetic medicine. He has
published an article on this subject: “The tyranny of perfection. Bioethical
Implications” (July 2013). He was Visiting Scholar at
Institute of Ethics (Dublin City University) (July-September 2014) and at
Kennedy Institute of Ethics (Georgetown University, Washington DC)
(August-November 2015). 

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