Should Inherent Human Dignity Be Considered Intrinsically Heuristic?

What are “human rights” supposed to protect? According to most human rights doctrines, including most notably the Universal Declaration of Human Rights (UDHR), human rights aim to protect “human dignity.” But what this concept amounts to and what its source is remain unclear. According to Glenn Hughes (2011), human rights theorists ought to consider human dignity as an “intrinsically heuristic concept,” whose content is partially understood but is not fully determined. In this comment, I criticize Hughes's account. On my view, understanding inherent human dignity as an intrinsically heuristic concept tethers it to an “indeterminateness of sense,” which leaves it open to exploitation from theorists unsympathetic to the moral salience of rights and what rights are supposed to protect.     

The Mysterious Silence of Mother Earth in Laudato Si'

Laudato si' attempts simultaneously to disrupt prevailing global environmental discourse and to reorient central concepts in Catholic moral tradition by requalifying the meaning of dominion and by ecologically expanding human dignity. The image of Earth crying out to humans from within a kinship relation plays a central role in both arguments. However, the political consequences of those shifts remain vague because the “voice” of Earth remains silent in crucial loci of the encyclical's argument.     

THE CONCEPT OF HUMAN DIGNITY AND THE REALISTIC UTOPIA OF HUMAN RIGHTS

Abstract: Human rights developed in response to specific violations of human dignity, and can therefore be conceived as specifications of human dignity, their moral source. This internal relationship explains the moral content and moreover the distinguishing feature of human rights: they are designed for an effective implementation of the core moral values of an egalitarian universalism in terms of coercive law. This essay is an attempt to explain this moral‐legal Janus face of human rights through the mediating role of the concept of human dignity. This concept is due to a remarkable generalization of the particularistic meanings of those “dignities” that once were attached to specific honorific functions and memberships. In spite of its abstract meaning, “human dignity” still retains from its particularistic precursor concepts the connotation of depending on the social recognition of a status—in this case, the status of democratic citizenship. Only membership in a constitutional political community can protect, by granting equal rights, the equal human dignity of everybody.     

THE CONCEPT OF DIGNITY IN THE UNIVERSAL DECLARATION OF HUMAN RIGHTS

This essay examines the function of the concept of human dignity (both as an inherent feature of human existence and as an ideal achievement) in the United Nations's 1948 Universal Declaration of Human Rights. It explains why the key framers of the document affirmed an inherent human dignity in order to provide an explanatory basis for the validity of universal human rights while eschewing any religious or metaphysical justification for this affirmation. It argues that the key framers, while aware of the Christian anthropology informing the modern Western concept of the dignity of the person, grasped (1) that the Declaration, to be ratifiable, would need to be free of religious reference, and also (2) that the notion of inherency suffices to suggest heuristically not only a universal human nature but also, crucially, a transcendent reality in which all persons participate.     

“I am NN”: A Reconstruction of Anscombe's “The First Person”

This paper develops a way of understanding G. E. M. Anscombe's essay “The First Person” at the heart of which are the following two ideas: first, that the point of her essay is to show that it is not possible for anyone to understand what they express with “I” as an Art des Gegebenseins—a way of thinking of an object that constitutes identifying knowledge of which object is being thought of; and second, that the argument through which her essay seeks to show this is itself first personal in character. Understanding Anscombe's essay in this light has the merit of showing much of what it says to be correct. But it sets us the task of saying what it is that we understand ourselves to express with “I” if not an Art des Gegebenseins, and in particular what it is that we understand ourselves to express with sentences with “I” as subject that might seem to express identity judgments, such as “I am NN”, and “I am this body”.     

Self‐Creation? On the Dignity of Human Beings

It was not through biotechnological possibilities that human beings first discovered “self‐creation” as a question. Rather, the question fits into the horizon of the primordial human desire to be like God. Against this hamartiological insight, a soteriological expectation related to technology has arisen. The latter expectation must be rejected, but not in all respects. Rather, one has to stress the inventive and constructive aspect of the dignity to rule, which is implied in human linguistic reason (λογοσ). There are, however, boundaries to be perceived and to be set. This becomes evident when embryo‐consuming research is at stake. In this context, the main question is: Wherein lies human “dignity”? This is the same question as: wherein lies the “being‐as‐person”? The author sees the fewest difficulties in attributing personhood to the beginning of life, which occurs with the fusion of ovum and sperm. This attribution is not justified by the material substrate as such. Rather, it is the result of intertwining the element, namely the lump of cells, and the word of institution, which “speaks together” the lump of cells and the person: This lump of cells is a person. Human beings are honored and enabled to use this instituting word, a φυσ?ι, because according to Gen 2:7 and 19f, God granted unto human beings linguistic reason (λογοσ), and thus the power to define. In this intertwining of element and instituting word lies the human dignity, which is undeservedly conferred on humans as a categorical gift. This absolute gratuity implies the unconditional acknowledgment of the dignity and the personhood of human beings—before one can speak of any characteristics or abilities. Psalm 8 underscores the elementary human dependency on unconditional acknowledgment as an inviolable person, an acknowledgment preceding all human characteristics and achievements. The psalm further intertwines this acknowledgment and the commission to rule, which is conferred on human beings, as an insoluble unity. What at first appear to be opposites is in fact a synopsis and inseparable connection of creaturely human determinations that correspond to God's simultaneously being the almighty creator and the compassionate, merciful father. By using “dignity” and “person” as critical terms of negotiation, theology can engage in a conversation with the societal and political public. In rejecting the dominant determination of the “person” as an autonomous, self‐determinately active, individual rational being, theology finds an ally in juridical thinking, which also acknowledges the dignity even of persons unable to act. Two consequences are to be drawn concerning biotechnology: perceiving the remaining dependency, vulnerability and vanity of human beings forces us to abandon illusions of “self‐creation” and immortality. Second, priorities are required that determine the goals and limits of research—especially in protecting the personal dignity of embryos—in the light of our accountability before God the creator and judge.     

NATURALIZING CHRISTIAN ETHICS: A Critique of Charles Taylor's A Secular Age

This essay critically engages the concept of transcendence in Charles Taylor's A Secular Age. I explore his definition of transcendence, its role in holding a modernity‐inspired nihilism at bay, and how it is crucial to the Christian antihumanist argument that he makes. In the process, I show how the critical power of this analysis depends heavily and paradoxically on the Nietzschean antihumanism that he otherwise rejects. Through an account of what I describe as naturalistic Christianity, I argue that transcendence need not be construed as supernatural, that all of the resources necessary for a meaningful life are immanent in the natural process, which includes the semiotic capacities of Homo sapiens. Finally, I triangulate Taylor's supernatural account of transcendence, naturalistic Christianity, and Dreyfus and Kelly's physis‐based account of “going beyond” our normal normality in All Things Shining: Reading the Western Classics for Meaning in a Secular Age.     

The Buddhist Roots of Watsuji Tetsurô's Ethics of Emptiness

Watsuji Tetsurô (1889–1960) is famous for having constructed a systematic socio‐political ethics on the basis of the idea of emptiness. This essay examines his 1938 essay “The Concept of ‘Dharma’ and the Dialectics of Emptiness in Buddhist Philosophy” and the posthumously published The History of Buddhist Ethical Thought (based on lectures given in the 1920s), in order to clarify the Buddhist roots of his ethics. It aims to answer two main questions which are fundamentally linked: “Which way does Watsuji's legacy turn: toward totalitarianism or toward a balanced theory of selflessness?” and “Is Watsuji's systematic ethics Buddhist?” In order to answer these questions, this essay discusses Watsuji's view of dharma, dependent arising, and morality in Hīnayāna Buddhism. It then proceeds to Watsuji's fine‐tuning of the concept of emptiness in Mādhyamika and Yogācāra Buddhism. Finally, this essay shows how Watsuji's modernist Buddhist theory connects to his own systematic ethical theory. These two theories share a focus on non‐duality, negation, and emptiness. But they differ in their accounts of the relations between the individual and the community, between the “is” and the “ought,” and between hermeneutics and transcendence. These findings give us hints as to Watsuji's origins, pitfalls, and possibilities.     

Wolterstorff on Love and Justice

In Justice in Love, Nicholas Wolterstorff argues for a unique ethical orientation called “care‐agapism.” He offers it as an alternative to theories of benevolence‐agapism found in Christian ethics on the one hand and to the philosophical orientations of egoism, utilitarianism, and eudaimonism on the other. The purported uniqueness and superiority of his theory lies in its ability to account for the conceptual compatibility of love and justice while also positively incorporating self‐love. Yet in attempting to articulate a “bestowed worth” account of human dignity—in which dignity is given by divine love and respected in acts of justice—Wolterstorff leans on an unstable characterization of how love and the good are conceptually interwoven. As a result, his reader cannot be sure about the theoretical superiority of care‐agapism. Moreover, Wolterstorff's attempt to value self‐love and at the same time reject eudaimonism depends on a dubious interpretation of Augustine carried over from Justice: Rights and Wrongs, which itself further depends on a mischaracterization of the possible varieties of eudaimonism. This mistake is unfortunate because, on a closer reading of Augustine, one finds an agapistic account of eudaimonism that could have significantly helped Wolterstorff's overall account of the complementary relation of love and justice.     

POETRY AGAINST EVIL: A BULGAKOVIAN THEOLOGY OF POETRY1

The essay introduces Sergei Bulgakov's theology of creation and evil in order to develop a theology of language, conceiving language as the path along which humans receive their own givenness, but also participate in the creation of the world. Poetry's attention to the difficulty of language, its acceptance of artificial disciplines, and its nonrational mode of knowledge uniquely attune it to language's creative—and destructive—potential. Like a monastery for language, poetry enacts a linguistic askesis, schooling its language and its readers in conversion. The essay includes a close reading of Gjertrud Schnackenberg's poem, “Supernatural Love.” A conclusion situates the essay's program for a theology of literature in relation to Henri de Lubac's work on spiritual exegesis and Hans Urs von Balthasar's use of literature in his theology.     

The Making of Sausage and Law Is Not a Pretty Sight: Commentary on Paper by Dianne Elise

Dianne Elise avers that a man's personality is prone to be organized in terms of “the citadel complex.” My response to her paper focuses mainly on two issues. The first is a lack of consistency and rigor in the use of a few specific words, like penetration and enjoyment, which are used in ways that some readers might find insufficiently grounded in context. Such free-wheeling expression results in questionable assumptions about the theoretical equivalence of various experiences and about how an experience and some expression of it are aligned.

The second issue is Elise's unconventional appropriation of Lacanian theory. The development of gender identity is a function of the establishment of an unconscious representation of “the father,” which Lacan called “the names of the father.” A child constitutes this signifier by realizing at some point that his mother's behavior toward him is modified by another object. Understanding that a person of such vast importance exists—and that one is subject to the contingencies of that person's wishes—arises from inferences about the mother's interest in this new object and the object's interest in the mother far more readily than it does from observations of the conduct of actual people.     

Outgrowing representationalism: Semantic remarks on Tracy Llanera's Richard Rorty: Outgrowing modern nihilism

This article provides a semantic reading of Tracy Llanera's brilliant book Richard Rorty: Outgrowing Modern Nihilism. Llanera is reframing the debate of how to react to the malaise of modern nihilism by proposing a change of metaphor: instead of trying to “overcome” nihilism, we should try to “outgrow” nihilism. This article invites Llanera to shed more light on her project with respect to the semantic categories of realism and representationalism, and with respect to the growing field of conceptual engineering. Can Llanera's project be fruitfully understood as engineering the concepts of “transcendence” and “redemption”? How much of the project hangs on the idea that language does not represent but is rather a tool that helps us fulfill our varying needs? How neat is the entanglement of semantic and existential meaning?     

Defining “Human Dignity” in the Debate Over the (Im)Morality of Physician-Assisted Suicide

Leon Kass's often-cited essay, “Death with Dignity and the Sanctity of Life,” provides the basis for a case study in the rhetorical function of definition in debates concerning bioethics. The study examines the way a particular definition of “human dignity” is used to maintain an advantage of power in the debate over the morality of physician-assisted suicide. It also considers sources of human dignity that are deflected from attention by the rhetoric of Kass's formulation.     

Reading Xunzi through Nāmā: Two Ancient Inquiries into the Nature of Names

This essay is a comparison between two ancient theories of language—the 5th century BCE Indian etymologist Yāska and the 4th century BCE Chinese philosopher Xunzi 荀子. Specifically, it is a reading of the theory of “the rectification of names” in Xunzi through the lens of Yāska. Xunzi is known for his view that humanity’s innate tendencies need to be shaped through education and ritual. Similarly, ancient Indian authors like Yāska understand that a person is created, or made, through the performance of Vedic sacrifice. Both thinkers’ constructivist theories of language and meaning proceed from these ritual assumptions. However, Yāska would query Xunzi’s inherent distrust of multiple meanings of words and their negative effects on a functional state. Guided instead by a theory of the transcendence of Vedic language, Yāska would argue that the more one can proliferate possible meanings the more powerful a word becomes.     

Dignity in Context,and Out: Discussion of Lynne Jacobs’ “On Dignity,a Sense of Dignity,and Inspirational Shame”

ABSTRACT

Dr. Lynne Jacobs’ “On Dignity, a Sense of Dignity, and Inspirational Shame” is an interdisciplinary integration of a priori ethics and a phenomenology of dignity. She contends that the human person’s engagement with other people—writ large in the therapeutic encounter—is inherently ethically situated. Moreover, she avers an inherent content to this ethics, namely, mutual respect for distinctively human value—dignity—between and among people. Her ethics of dignity informs her psychoanalytic exploration of experiences of dignity, indignity, and her notion of inspirational shame, among others. I join in Jacobs’ advocacy for therapeutic facilitation of a person’s sense of inherent worth, as well as her opposition to relational contexts of devaluation and degradation. However, the primordiality Jacobs grants to her ethics of dignity often obscures the constitutively cultural, familial, and personal contextuality of, first, her—and in my view, any—ethical conviction; second, what she describes as the experience of being human; third, the alleged indignity of human vulnerability; and finally, the claim that shame is the natural reaction to one’s failure to live up to personal ideals. In the end, and subject to certain clinical concerns, Jacobs’ article integrates into psychoanalysis primordial ethical duties that she and others claim inhere in us as human beings.     

Psychoanalysis as a Pocket of Resistance Against Inhumanity: Commentary on Paper by Rachael Peltz

In this commentary I discuss ways in which Rachael Peltz makes use of a work of art—John Berger's The Shape of a Pocket—to glimpse “the absent,” Berger's word for the inarticulate living core of human experience. I first take up the idea that art must overcome the existent as “an act of resistance instigating hope” (Berger, 2001, p. 22). Each of the mediums in which art (including the art of psychoanalysis) is made involves the artist's effort to overcome the resistance inherent in transforming one form of experience (e.g., an analyst's reverie experience) into another (e.g., an intervention or an analytic essay). Peltz describes the state of mind necessary for such transformational movement as “an attitude of receptivity to whatever is about to happen,” but never completely comes into being. A second strand of thought that I discuss is the idea that disappearance is as important a part of the human condition as is appearance. Dreams, for example, would lose their mystery and power if they were not just out of reach, perpetually receding. And finally, I comment on how Berger and Peltz share the belief that each of us is personally responsible for making our own individual effort to come together with others to create acts of resistance against man's inhumanity to man.     

Love as a Problem of Knowledge in Kierkegaard's Either/Or and Plato's Symposium

At the end of the essay “Silhouettes” in Either/Or, Kierkegaard writes, “only the person who has been bitten by snakes knows what one who has been bitten by snakes must suffer.” I interpret this as an allusion to Alcibiades' speech in Plato's Symposium. Kierkegaard invites the reader to compare Socrates with Don Giovanni, and Alcibiades with the seducer's women. Socrates' philosophical method, in this light, is a deceptive seduction: just as Don Giovanni's seduction leads his conquests to unhappy love—what Kierkegaard terms “reflective sorrow”—so the elenctic method leads Socrates' interlocutors to aporia, not to knowledge. I offer a critique of Socrates' ironic stance as a philosopher, which stance is reflected in the theory of love he presents in the Symposium, and suggest that philosophy should be modeled on the romantic love of persons—a love that can be reciprocated—not the love of an impersonal Form, a one-sided love.     

“Dignity was the First to Leave”:* Godinez V. Moran,Colin Ferguson,and the Trial of Mentally Disabled Criminal Defendants

This article considers the Colin Ferguson trial in the context of the United States Supreme Court's decision in Godinez v. Moran, establishing a unitary standard for the determinations of competence to stand trial, competence to plead guilty, and competence to waive counsel. The Ferguson trial was widely seen as a “charade.” I argue that the Ferguson spectacle was the inevitable denouement of the Godinez decision. I then look at the Ferguson trial (through contemporaneous press and television coverage) under the filters of “sanism” and “pretextuality.” I conclude that the “dignity” value—a prerequisite for a constitutionally-acceptable fair trial—was, as a result of Godinez, lacking in the Ferguson case.     

The View from Way Below: Inter‐Species Encounter,Membranes, and the Reality of Christ

Viewing modern life from the perspective and world of those whose lives are treated as expendable commodities in our current economic systems—humans and creatures of every other species—creates, Bonhoeffer asserts, the most reliable hermeneutical standpoint for seeing and living in reality. This essay attempts to fashion in broad strokes a Christian theology of creaturely re‐engagement: learning to live again “way below,” in literal and metaphoric touch with reality. I assert that Bonhoeffer's theology of I/Thou encounter as the means of humans’ ethical formation has the potential to ground a broader theology of inter‐species encounter as well.