Towards a Libertarian Application of Dignity in English Law: A Case Law Analysis

Callus, T. ORCID: https://orcid.org/0000-0003-1422-5553 (2018) Towards a Libertarian Application of Dignity in English Law: A Case Law Analysis. In: Feuillet-Liger, B. and Orfali, K. (eds.) The Reality of Human Dignity in Law and Bioethics. Ius Gentium: Comparative Perspectives on Law and Justice (71). Springer, pp. 129-140. ISBN 9783319991115

Abstract/Summary

Using examples from the sphere of biomedicine and particularly end-of-life decision-making, this chapter explores how the concept of human dignity is used and applied in the English common law. Originally interpreted from an objective communitarian perspective, dignity was often invoked to limit individual claims which were perceived as an affront to the intrinsic dignity of each human being. However, the more recent trend sees dignity as offering justification for he invocation of a more liberal-oriented approach to ensure individual subjective rights.