Human Dignity in Legal Argumentation: A Functional Perspective

Abstract

A functional universalistic approach to human dignity in legal argumentation - a theory which applies three variables to define the functions of dignity: content width, argumentative power, and applicability before courts - relative individual right, objective value and source of human rights as legitimate basic functions - the problematic nature of hybrid functions created by blending the basic functions - a set of principles to avoid hybrid functions and minimise the problems caused by them - qualitative analysis of several examples of judgments by supreme, constitutional and international courts to support the theory