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