法律如何保护尊严

How Law Protects Dignity

通过法律落实明确禁止贬损人格的人权条款,是法律保护尊严的一种方式。但是,正如朗·富勒等人所认识到的那样,法律与尊严之间还有更深层次和更广泛的联系。法律公之于众,且强调程序性,鼓励理性的论证,平等地对待人们,甚至运用强制力也具有独特性。这些方面都表明,法律将人看作是有尊严的主体,具有自我控制的能力,能很好地理解自身的利益,对法律的要求也能理智应对。

One way in which law protects dignity is by enforcing human rights provisions that explicitly prohibit degradation. But, as Lon Fuller and others have observed, law's connection with dignity is also deeper and more pervasive than this. In the way that its requirements are presented, in its procedures, in its sponsorship of argumentation, in treating people as equals, even in the distinctive way in which it makes use of coercion, law treats humans as dignified agents, capable of self-control, with a good sense of their own interests, and an ability to respond intelligently to its demands.