Human Dignity, Judicial Reasoning, and the Law

Brett G. Scharffs is The Rex E. Lee Chair and Professor of Law, and Director of the International Center for Law and Religion Studies at Brigham Young University J. Reuben Clark School of Law Andrea Pin is Full Professor of Comparative Public Law at University of Padua Dmytro Vovk is Visiting Associate Professor at Benjamin N. Cardozo School of Law, and Director of the Center for the Rule of Law and Religion Studies at Yaroslav Mudryi National Law University

1. Introduction: Human Dignity in Adjudication; Part I. The Social Meaning, Legal Salience, and Role in Adjudication of Human Dignity; 2. The Rule of Law Sets Its Face Against Humiliation; 3. Dignity—Continuation of a Dialogue; 4. Dignity Plus: Dignity Proper and Dignity Plus: On the Uses of Dignity in German Constitutional Jurisprudence; 5. Dignity, Sexuality, and Moral Order in Legal and Judicial Debate; Part II. Human Dignity: International and Comparative Perspectives; 6. Supranational Dignity: The Court of Justice of the European Union’s Conceptualization of a Legal Value; 7. A Multi-approach to Human Dignity in the European Court of Human Rights; 8. Acknowledging Persons and Communities of Infinite Worth: The Concept of Dignity in the Jurisprudence of the South African Constitutional Court; 9. Human Dignity as a Constitutional Value: The Viewpoint of Polish Courts; Part III. Human Dignity, Religion, and Courts; 10. Deliberations on Dignity: Irish Case Law Concerning Medical Interventions and Freedom of Religion, Belief, and Conscience; 11. Religious Perspective of Human Dignity in Israeli Case Law; 12. Human (Personal) Dignity as an Argumentation Tool of the Russian Constitutional Court; Part IV. Human Dignity and Social Rights Protection; 13. The Judicial Use of Human Dignity in Social Rights Issues: A European Perspective; 14. Dignity as a Shield: The Putative Dignitarian Discourse on Protecting Migrant Domestic Workers in Singapore; 15. Concluding Remarks