No Argument: Human Dignity and the Making of Legislation

Edited book (chapter)


Copley, Julie. 2022. "No Argument: Human Dignity and the Making of Legislation." Linhares, José Manuel Aroso and Atienza, Manuel (ed.) Human Dignity and the Autonomy of Law. Switzerland . Springer. pp. 239-257
Chapter Title

No Argument: Human Dignity and the Making of Legislation

Book Chapter CategoryEdited book (chapter)
ERA Publisher ID3337
Book TitleHuman Dignity and the Autonomy of Law
AuthorsCopley, Julie
EditorsLinhares, José Manuel Aroso and Atienza, Manuel
Volume7
Page Range239-257
SeriesLaw and Visual Jurisprudence
Chapter Number12
Number of Pages19
Year2022
PublisherSpringer
Place of PublicationSwitzerland
ISBN9783031148231
9783031148248
Digital Object Identifier (DOI)https://doi.org/10.1007/978-3-031-14824-8_12
Web Address (URL)https://link.springer.com/chapter/10.1007/978-3-031-14824-8_12
Abstract

The idea of human dignity is widely relied on in modern constitutional systems, yet in legal and political theory it is the focus of significant contention. Jeremy Waldron’s engagement, since 1999 when The Dignity of Legislation and Law and Disagreement were published, with the democratic and constitutional practice and with the theoretical argument constitutes a rich source of legal, political and social analysis of human dignity. Waldron’s own literature demonstrates that, as an “essentially contested concept”, we ask questions about human dignity as a way of pinning it down. When public authority is exercised to make legislation, the invaluable, aggregated and illuminating work of Waldron across this period demonstrates the concept of human dignity to be indispensable—empowering as well as constraining exercises of legislative authority.

ANZSRC Field of Research 2020480410. Legal theory, jurisprudence and legal interpretation
440811. Political theory and political philosophy
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Byline AffiliationsUniversity of Adelaide
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