978-84-11-30725-3 | Título |
Human dignity, vulnerability and Law. Studies on the dignity of human life | |
|||
Autores | Puyol Montero, José María | |||||
Editorial | Editorial Tirant Lo Blanch | Nº edición | 1 | Año | Mar/2023 | |
Colección | Nº colección | 0 | Páginas | 330 | ||
Materias |
Derechos humanos |
Encuadernación | ||||
Largo | 0 | Ancho | 0 | |||
Idioma | Castellano | |||||
Estado |
Sin stock |
P.V.P. |
34,90 |
Reseña del libro |
On September 24th 2020 a seminar was organized by RCC Study Group Studies on Life and Human Dignity at Harvard Law School (Cambridge, Massachusetts). The seminar New Challenges for Law: Human Dignity, Vulnerability and Social Justice in the Time of the Pandemic was to gather well-renowned professors from different fields of science from prestigious European and American universities. But the Covid-19 pandemic forced the organizers to suspend the seminar at the last moment. The aim of the encounter was to analyze and study the concept of human dignity in life and at the end of life, and some of its manifestations and potential threats in today?s world. In the last decades, a spectacular development in the diverse fields of science, economy, trade and communications has taken place in society. These advances in human progress, as laudable as they may be, often do not effectively correspond to parallel recognition of every man and woman?s human dignity. In fact, in many cases, this progress results in a series of contradictions and possible dangers and challenges. This book brings together a selection of papers that were to be presented at that seminar, regarding the big issue of human dignity and law. Table of contents Prologue 17 Introduction: The Value of Human Dignity 21 IN THE NAME OF DIGNITY OR THE DIGNITY OF A NAME: THE JEWS María-Jesús Torquemada I. INTRODUCTION: NAME, IDENTITY AND DIGNITY 25 II. BRIEF NOTES ON THE NAME AS A FUNDAMENTAL RIGHT OF THE PERSON AT THE INTERNATIONAL LEVEL AND ITS CONSTITUTIONAL CONCRETION IN SPAIN 28 III. THE RENUNCIATION OR DEPRIVATION OF THE NAME FOR REASONS OF RELIGIOUS PERSECUTION. THE PARTICULAR CASE OF THE JEWS IN A RETROSPECTIVE APPROACH 31 II.1. Germany 31 III.1.1. Germany between the wars and during the Nazi period. The emigration 31 III.1.2. Precedents: Germanic legislation prior to the Nazi period and its aftermath 34 II.2. The Spanish case: The erga omnes renunciation of the Jewish name to avoid inquisitorial persecution: some particular cases and consequences 36 On Human Dignity? Javier Aranguren I. ROUSSEAU ON ‘SENTIENT BEINGS’ 43 II. OF PETS AND MEN 45 III. ECOLOGICAL, ANIMALISTIC AND CLASSICAL APPROACH 49 Ancient Origins of Dignity at Work: Freedmen’s Social Protections and Digital Platform Workers* Grzegorz Blicharz I. INTRODUCTION 56 II. TWO COMPARATIVE MODELS: SETTING THE STAGE 61 III. DIGNITY AS AN EQUAL RATHER THAN THE FOREMOST CONCERN – FUNCTIONAL SIMILARITY 64 IV. DIGNITY, DIGNITAS AND EXISTIMATIO – CONTENT SIMILARITY BETWEEN THE EU PROPOSAL, CATHOLIC SOCIAL TEACHING AND ROMAN LAW 66 V. DIGNITY AND DIGNITAS – RESPECT TOWARDS THE WORKER’S PRIVATE SPHERE 70 VI. PLURALITY OF GOODS COMPRISED IN THE CONCEPT OF HUMAN DIGNITY 71 VII. THE UNDERLYING JUSTIFICATION FOR PROTECTION OF FREEDMEN 74 VIII. CONCLUSION 77 LAZINESS AS AN ANTHROPOLOGICAL CHALLENGE FOR LAW IN THE TIME OF THE PANDEMIC Franciszek Longchamps de Bérier I. PANDEMIC EXPERIENCE AND LEGAL INTUITION 80 II. TERMINOLOGICAL DIVERSITY IN FACE OF THE NEED TO ACCURATELY DESCRIBE A SOCIAL SITUATION 84 III. LAZINESS WITHOUT LEGAL CONSEQUENCES? 88 IV. LAZINESS IN THE FACE OF DUTY 92 V. LAZINESS AS LEGALLY-GRADABLE 99 VI. SEARCHING FOR A LEGAL DEFINITION OF LAZINESS 106 Moral absolutes in business practice? A human rights-based argument Hugo S. Ramírez-García I. FOREWORD 109 II. THE VULNERABLE NATURE OF THE HUMAN 111 III. ECONOMIC GLOBALIZATION: AN AMBIVALENT SCENARIO FOR HUMAN RIGHTS 112 IV. HUMAN RIGHTS AND MORAL ABSOLUTES 115 V. EXTRA COMMERCIUM RATIONALE AS A FRAMEWORK FOR BUSINESS PRACTICES 118 VI. FINAL REMARKS 120 THE RIGHT OF ACCESS TO PUBLIC INFORMATION AND ITS LINK WITH FUNDAMENTAL RIGHTS Manuel Estepa Montero I. THE GENESIS OF THE CURRENT FORMULATION OF THE RIGHT TO PUBLIC INFORMATION 123 II. CONSIDERATIONS ON THE LEGAL NATURE OF THE RIGHT TO PUBLIC INFORMATION 126 III. THE INSTITUTION OF THE OMBUDSMAN IS STRONGLY IN FAVOUR OF THE FUNDAMENTAL NATURE OF THE RIGHT TO PUBLIC INFORMATION 131 IV. THE LEGAL NATURE OF THE RIGHT OF ACCESS TO PUBLIC INFORMATION. ITS INSTRUMENTAL CHARACTER FOR THE EXERCISE OF FUNDAMENTAL RIGHTS 133 V. CONCLUSIONS 138 THE DIGNITY OF THE HUMAN PERSON AND RESPECT FOR THE RIGHT TO PERSONAL DATA PROTECTION Javier Puyol Montero I. INTRODUCTION 141 II. THE PRINCIPLES THAT INSPIRE THE RIGHT TO HUMAN DIGNITY 149 III. THE PROTECTION OF PERSONAL DATA AND THE DIGNITY OF THE HUMAN PERSON 151 IV. THE PRINCIPLES THAT INFORM THE RIGHT TO PROTECTION OF PERSONAL DATA 153 HOW “NEW WORLD order’ SCENARIOS” FACE FREEDOM OF CONSCIENCE AND HUMAN DIGNITY IN TIME OF PANDEMIC AND EMERGENCY LAWS Liviu Olteanu First Part. FREEDOM OF CONSCIENCE VERSUS NEW NORMALCY 160 I. INTRODUCTION 160 II. A “NEW FUTURE” DURING EMERGENCY TIMES 161 II.1. Introductory Reflections 161 II.2. Big Scenarious on a “New Future” 163 II.2.1. A Cosmic Panorama of the Future: King Nebuchadnezzar of Babylon’s Dream 165 II.2.2. The American Intentions on New World Order 167 II.2.3. China’s Artificial Intelligence as A New World Order 168 II.2.4. Concern of Democracy in Digital Age 169 II.3. Scenarios’ Etiology on Creating Narratives: Plandemic or Dreams? 170 II.3.1. Beliefs Desirable for Authorities 171 II.3.2. New Enemies Must Be Identified 172 II.3.3. ‘Reasonable Doubt’ Ahead of ‘Political Correctness’ 172 II.3.4. The Sense of Threat and Restriction of Liberty 173 II.3.5. ‘Lock Step’ Scenario: Control and Authoritarian Leadership 174 II.3.6. The Greatest Risk of Global Catastrophe 175 II.3.7. The SPARS Pandemic 2025 -2028: A Futuristic Scenario 176 II.3.8. No Doubt We’ll Get Surprised 176 II.3.9. Event 201 Exercise: A Severe Pandemic 177 II.3.10. Emergency Measures as A Fixture of Life 177 II.3.11. From “Crossroads” to “Future Starts Today” 178 II.3.12. ‘Scientific’ and Political Prophecies on Horizon 179 II.3.13. The Great Reset & New World Order 180 II.3.14. Global Information Control and Communication 181 II.3.15. Re-Create A New World Order for Autocracy 182 II.3.16. Climate Change, Conscience & Sunday Law 183 II.4. Transition to Uncertainty 185 III. FREEDOM OF CONSCIENCE AND HUMAN DIGNITY UNDER ATTACK 185 III.1. Introductory Reflections 185 III.2. Roger Williams: An Uncharted Ground For A New World 186 III.3. International Law on Dignity, Conscience and Free-Will 187 III.3.1. Universal Declaration of Human Rights 187 III.3.2. International Covenant on Civil and Political Rights (ICCPR) 187 III.3.3. Office of High Commissioner for Human Rights (OHCHR) Module 1, Commitment 1 188 III.3.4. Declaration on the Elimination of All Forms of Intolerance and of Discrimination 188 III.3.5. UNESCO - Universal Declaration on Bioethics and Human Rights (October 19, 2005) 189 III.3.6. Council of Europe European Convention on Human Rights 189 III.3.7. Council of Europe - Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine 190 III.3.8. United States of America - First Amendment 191 III.3.9. The Spanish Constitution & Law 24/1992 191 III.4. Council of Europe: Political Remarks on Conscience 192 III.5. A Historical Development: Catholic Thought, Reformation and Secularism 192 III.5.1. Catholic Thought, Conscience And Common Good 192 III.5.2. Conscience and Reformation 194 III.5.3. Conscience and Secularism 196 III.6. Separation of Church & State Prevents Abuses & Persecution 197 III.7. Conscience: Between Uncertainty and Fragmentation 199 III.8. Liberty & Health Alliance: Avoiding Confusions 200 IV. TODAY’S VULNERABILITIES: GOVERNMENT RESTRICTIONS, SOCIAL HOSTILITIES & RELIGION’S ABUSES AND PERSECUTION 204 IV.1. Government Restrictions on Conscience & Religious Liberty 204 IV.2. Social Hostilities and Rising Violence by Non-State Actors 206 IV.3. A Case-Study: ‘The Tomorrow War’ Movie 207 IV.4. Religion Abuse and Persecution Caused by Own’s Religion 209 IV.5. Pyramid of Religious Abuse Carried Out by One’s Religión 212 V. CONCLUSION 214 V.1. Dignity – a Solution Against Any Common Enemy 214 V.2. Law’s Limitations of ‘Emergency Measures’ 215 V.3. Facing the Future 216 THE PRINCIPLE OF HUMAN VULNERABILITY: HOW IS IT GROUNDED? Maria do Céu Patrão Neves I. GENEALOGY OF THE CONCEPT OF VULNERABIILITY 218 I.2. The conceptualization process 219 II. VULNERABILITY AS AN ETHICAL PRINCIPLE 223 II.1. What is an ethical principle? 223 II.2. The principle of vulnerability in the Declaration on Bioethics and Human Rights 224 III. THE FOUNDATIONS OF THE PRINCIPLE OF VULNERABILITY 226 III.1. Criticism: a question of guidance 226 III.2. Grounding vulnerability 229 VULNERABILITY, INTERDEPENDENCE AND COMPASSION: A CHALLENGE FOR THE LAW Vicente Bellver Capella I. INTRODUCTION 233 II. THE HUMAN CONDITION: VULNERABILITY, INTERDEPENDENCE, COMPASSION 235 II.1. The human being is an essentially fragile being 235 II.2. The human being is necessarily interdependent 239 II.3. The human being must be compassionate 240 III. THE PRINCIPLE OF VULNERABILITY IN INTERNATIONAL HUMAN RIGHTS LAW 245 IV. CONCLUSION: FROM VULNERABILITY AS A FACT TO VULNERABILITY AS A LEGAL PRINCIPLE 251 THE ETHICS OF CARE IN A POST-PANDEMIC WORLD Francesc Torralba I. CRISIS AS OPPORTUNITY 253 II. THE POST-PANDEMIC WORLD 254 II.1. The uncertainty of the future 254 II.2. The volatility of the world 256 II.3. Global interdependence 257 II.4. The hyper-accelerated processes 259 II.5. The vulnerability of the human condition 260 II.6. Complexity versus neo-populism 262 III. THE ETHICS OF CARE 264 THE PERMANENCE OF THE DUTY OF CARE UNDER THE REFORM OF THE CIVIL CODE FOR THE ADAPTATION OF THE UN CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES IN SPAIN: A CRITIQUE OF THE CENTRALITY OF THE PRINCIPLE OF AUTONOMY IN THE SITUATIONS OF OLDER PEOPLE WITHOUT SOCIAL SUPPORT Joaquín María Rivera Álvarez I. THE AIM OF THESE LINES: THE CRITICISM OF A LEGISLATIVE WORK THAT DENATURALISES THE INSTITUTIONS OF CIVIL PROTECTION OF PERSONS WITH DISABILITIES FOR FOCUSIN THE REFORM ON THE PRINCIPLE OF AUTONOMY 268 II. THE MEANING AND USE OF THE CONCEPT OF CAPACITY AND ITS DIFFERENT CATEGORIES 272 III. THE ‘AVOIDANCE’ OF THE DUTY OF CARE 278 IV. PATRIMONIAL ADMINISTRATION IN THE ENVIRONMENT OF SUPPORT INSTITUTIONS 283 V. SOME LIMITS OF THE EXERCISE OF THE DUTIES OF PERSONAL AND PATRIMONIAL CARE 285 VI. SOME CONCLUSIONS 288 VII. BIBLIOGRAPHY 289 THE DIGNITY OF HUMAN LIFE AT THE TIME OF DEATH: SOME ELEMENTS FOR REFLECTION ON EUTHANASIA AT THE BEGINNING OF THE 21ST CENTURY José María Puyol Montero I. INTRODUCTION: LIFE WITH DIGNITY AND DEATH WITH DIGNITY 291 II. WHAT IS MEANT BY EUTHANASIA? 297 III. IS EUTHANASIA THE SOLUTION? THE INCONSISTENCIES OF EUTHANASIA 303 IV. THE ABSENCE OF DEBATE ON EUTHANASIA 307 V. SOME CONSEQUENCES OF LEGALIZING EUTHANASIA 309 VI. SOME MESSAGES EUTHANASIA SENDS 314 VII. EUTHANASIA, FREE WILL AND FREEDOM 315 VIII. SOME FINAL CONSIDERATIONS ON THE 2021 SPANISH EUTHANASIA LAW 321 ANNEX ACTIVITIES ORGANIZED OR SPONSORED BY RCC Study Group «Studies on Life and Human Dignity» 325 |
Bio-bibliografía del autor |