On the Human Dignity as Human Rights' Legitimacy
In the present era of rights,human rights are increasingly concerned. As a universal phenomenon and concept of the current world,human rights have become "consensus" even life style of more and more people,but they are not indisputable.By what can a(natural) person stand for rights? What basis do they have? So it is still necessary to inquire the basis of human rights\' legitimacy.The article puts forward and demonstrates the idea of "person\'s dignity as the basis of human rights\' legitimacy".In the past,demonstrating "person\'s dignity" as the basis of human rights\' legitimacy,reviewers put it as an inevitable prerequisite.The author tries to inquire the "inevitable prerequisite",and to clarify the reasons for person\'s dignity as the basis of human rights\' legitimacy.In order to deal with the proposition,the author divides the article into three parts:introduction,main body,and conclusion.The theory that human rights originate from person\'s dignity has long history.In west countries,from ancient Greece,after the Middle Century,to the Movement of Literature and Art\'s Rejuvenation,lots of thinkers paid more attention to the question of human person\'s dignity and their status in cosmos.In the period of the Enlightenment,the theory of person\'s dignity reached its peak,and Kant is the representative.For the theory of person\'s dignity was not embodied in human rights system.After the two World Wars,the theory of person\'s dignity was emphasized again,and people took person\'s dignity as the basis of human rights in the aspect of institution,however,the status of person\'s dignity in human rights system and the relationship between human rights and person\'s dignity should be demonstrated and explained.The basis of human rights\' legitimacy is the moral basis of human rights.In moral philosophy,"legitimacy" is always connected with "goodness".The basis of human rights legitimacy has mainly three theories: the first is the theory of human rights\' legitimacy of Utilitarianism,which advocates human rights are social,limited,transferable,conditional,and changeable rights,and rights come from nations and laws,at the same time, social utility is the basis of human rights.The second is the theory of human rights\' legitimacy of Natural Law,which maintains that human rights\' origin is Natural Law,abstract humanity and ration,and human rights are innate,natural,unlimited,unalienable,unconditional,and unchangeable rights,and rights exist before society.The third is the.theory of human rights\' legitimacy of Marxism,which demonstrates human rights and their basis according to humans\' nature and their common points,at the same time,rights(including human rights) belong to superstructure,which is up to economic basis.To define and research human rights,especially the basis of human rights\' legitimacy,first we should define and research "human","person\'s dignity",which is the emphasis of the article.The person is an extremely complicated existence that has different meanings in different disciplines. In biology person is a part of nature,and a substantive existence.Person is an existence of society,which is a place or style of person in sociology. Person has subject attribute qualification.Philosophy science of mankind emphasizes person\'s "spirit","creativity",and "freedom".Person in ethics defines person is ethical existence,which is not measure but self-purpose. Person in psychology is animal or life organism having consciousness. Person has thinking which is the fundamental distinction between person and other animals.Person in cultural meaning is a cultural animal,an existence having language symbol,which is meaning carrier and value representative.But with the development of genetics,science of act, historic,and other sciences,especially post-modernism,human\'s nature and its theory was challenged,and was dispelled.The thesis advocates that mankind will stay with human\'s nature,but along with developed society, human will be different,so we should research person from a whole prospect."Person\'s dignity" has different meaning in different disciplines. Person\'s dignity in biology is a special respect and solemnest which is owned by person but not other objects and life forms.Person\'s dignity in sociology means to admit the person\'s value and respect her/him which is given by other persons,groups;and society having relationship with her/him.Person\'s dignity in law emphasizes respecting to man and expressing clearly connotation of personality.Person\'s dignity in psychology is person\'s self-respect awareness and mentality,which belongs to individual spirit character.Person\'s dignity in ethics refers to human\'s supreme inner value or dignity.Person\'s dignity in philosophy emphasizes that person is an appreciative existence,and a complex of "reality", "goodness",and "beauty".About the different ways of personality dignity,humanity dignity,and mankind dignity,the paper maintain to use the concept of "person\'s dignity",and further analyzes and demonstrates content of "person\'s dignity".The first is life and its dignity.Life is the first precondition that individual can live.Life has its value.The second is ration,non-ration,and super-ration.Ration embodies person\'s dignity,awareness and sub-awareness also embody subject attribute,but super-ration expresses person\'s supreme value.The third is self-decision,self-autonomy,and self-determination.Self-decision is a notion,and also a capacity.The fourth is self-regulation,duties,and obligations.Self-regulation means self-respect,and connects with duties and obligations.The fifth is privacy. Privacy always means "rights",but it is an individual private space and life, which should not be interfered by others.Six is creativity and self-realization.Person\'s comprehensive development is the basis and essential conditions for mankind\'s liberation.The author thinks that he has made the greatest contribution in this paper which the proposition has already been proved why to be and how to be.The relationship between person\'s dignity and human rights is:person\'s dignity is the basis or ground of human rights,human rights can guarantee to realize person\'s dignity.Based on "person\'s dignity",the author further remoldls human rights system.As mankind\'s lofty ideal,human rights determine person\'s existence and meaning,and not "end".The paper aims to demonstrate person\'s dignity as the basis of human rights\' validity.In view of research method,the article mainly learns from the ethics or moral philosophy,and uses methods of philosophy, psychology,politics,law,historic,etc.