摘要
Human dignity is a core concept in contemporary moral philosophy,political science,and jurisprudence.The“social status theory”proposed by Jeremy Waldron argues that human dignity is a social construct,focusing on the fundamental equal social status of individuals.It addresses behaviors of humiliation or devaluation by others,emphasizing both the negative prohibition of such harms and the positive promotion of protections against them.Unlike traditional theories of dignity that often rely on abstract or metaphysical justifications,the social status theory adopts a bottom-up approach grounded in the social practices of dignity.This perspective avoids entanglement in endless value debates over the concept and provides new rationale for affirming human dignity.Furthermore,it refines the understanding of human dignity by identifying three specific types of social harm to dignity and corresponding protective measures.The social status theory significantly mitigates cultural skepticism regarding the concept of human dignity,offering a relatively objective and practicable framework for defining dignity norms.Practically,the theory aligns well with the application of human dignity in both public and private law domains and effectively explains the concept as utilized in international human rights conventions and practices.While there is room for further refinement,the social status theory currently stands out as the most advantageous and robust framework for understanding and promoting human dignity.
基金
This paper is an interim result of the“Research on the Construction of China’s Independent Human Rights Knowledge System,”a major project of the National Human Rights Education and Training Base(Approval Number 24JJD820007).
