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Constructing Human Dignity: an Investment Concept Submitted By Daniel Bedford 31/10/2015 Constructing Human Dignity: An Investment Concept Submitted by Daniel Jonathan William Bedford to the University of Exeter as a thesis for the degree of Doctor of Philosophy in Law In December 2014 This thesis is available for Library use on the understanding that it is copyright material and that no quotation from the thesis may be published without proper acknowledgement. I certify that all material in this thesis which is not my own work has been identified and that no material has previously been submitted and approved for the award of a degree by this or any other University. Signature: 1 Daniel Bedford 31/10/2015 2 Daniel Bedford 31/10/2015 Abstract: This thesis explores the meaning of human dignity in law and its potential value as a legal concept. It claims that existing methods of analysis are predominantly caught up with seeking a fixed and conventional meaning, which has proven difficult and has invariably led to claims that the concept is vague or vacuous. In this light, the thesis proposes a fresh method of conceptual analysis that progresses the current debate on the meaning of the concept in a more fruitful and productive direction. It seeks to shift the focus of analysis away from the formal search for a clear concept that is simply there to be applied or repeated, in favour of constructing the concept to respond to the shifting problems that emerge in life, as well as unlocking new pathways to promote more dynamic, rich, active and joyful modes of living. In this respect, it is argued that a concept of dignity should be assessed not by how well it reflects the past, but how it can be constructed to produce change that unlocks new potentialities and creative tendencies in the present. In deploying this methodology, the author seeks to construct a theoretically informed concept of human dignity that progresses beyond the limited focus on dignity as autonomy to encompass a more holistic, dynamic and interdependent view of human personality. The author explores a notion of dignity that he terms an ‘investment concept’. On this account, the value of human life is situated in its creative potential that is inherent, which requires investment from the community and the individual in order to be nurtured. It depends on a relational view of humanity that sees the creative potentiality of an individual as always unfolding in relation to others in the community. This potential is promoted through increasing the power of acting and rest for both the body and mind that is joyful rather than sad. This establishes a multifaceted view of humanity that moves beyond the mainstream separation of mind-body, independence- dependence, emotion-reason, in favour of a more joined up and connected perspective on humanity that recognises that humans are vulnerable beings whose development depends upon the relationships and connections of which they are always a part. The thesis explores the implication of this construction for the law in England and Wales, considering how the concept can be connected to existing legal pathways, as well as extending or unlocking new legal paths to create a better future for the most vulnerable. The process of connecting the concept to the existing legal framework is also treated as an important foundation for refining and enriching the concept by drawing on the complexity of human experience. In this sense, connecting human dignity to law is treated as a basis for reflecting on the way in which dignity can be refined, adapted or modified to address the concrete problems or experiences faced in life. The final part of the thesis explores the potential transformative implications of investment dignity for concepts that have been connected to human dignity, such as the rule of law 3 Daniel Bedford 31/10/2015 and democracy, which affect the relationship between the individual and the community. 4 Daniel Bedford 31/10/2015 Contents Introduction......................................................................................................... 9 1. Background and Context: The Emergence of Human Dignity in the Law of England and Wales ............................................................................................ 9 2. Research Aims: Protecting the Most Vulnerable in the Law of England and Wales ............................................................................................................... 13 3. Methodology: Constructing Human Dignity ................................................ 16 3.1. Key Issues ........................................................................................... 16 3.2. Existing Methodologies in Philosophy and Law ................................... 18 3.2.1. Conventionalism ........................................................................... 18 3.2.2. Interpretivism ................................................................................ 20 3.2.3. Constructivism as a Methodology .................................................... 21 3.2.4. Concepts as Open Multiplicities ....................................................... 22 3.2.5. Responding to Problems .................................................................. 23 3.2.6. The Becoming of Concepts .............................................................. 24 3.2.7. Connecting Concepts ....................................................................... 25 3.2.8. Improving the Future ........................................................................ 26 4. Structure of Thesis ..................................................................................... 27 4.1. Section One: Constructing an Investment Concept of Dignity ............. 27 4.2. Section Two: Testing the Investment Concept of Dignity .................... 29 4.3. Section Three: Implications of Investment Dignity ............................... 30 Chapter One: Human Dignity as an Essentially Triadic Concept ...................... 32 1. Introduction ................................................................................................ 32 2. Different Constructions of Dignity .............................................................. 33 2.1. Introduction ......................................................................................... 33 2.2. Teleological Dignity ............................................................................. 34 2.2.1. Imago Dei ..................................................................................... 34 2.2.2. Naturalism .................................................................................... 36 2.2.3. Conclusion .................................................................................... 41 2.3. Deontological Dignity ........................................................................... 42 2.3.1. Moral Autonomy ............................................................................ 42 2.3.2. Personal Autonomy ...................................................................... 44 2.3.3. Conclusion .................................................................................... 46 2.4. Status Dignity ...................................................................................... 47 2.4.1. Source of Status ........................................................................... 49 2.4.2. Determining Honour ...................................................................... 50 2.4.3. Acting Honourably ........................................................................ 51 2.4.4. Conclusion .................................................................................... 52 3. Common Components: The Triadic Nature of Human Dignity ................... 53 3.1. A Triadic Concept ................................................................................ 53 3.1.1. Discerning the Nature of Humanity ............................................... 53 3.1.2. Seeking the Value of Humanity..................................................... 54 3.1.3. Defining Respect for the Value of Humanity ................................. 54 3.2. Assembling Human Dignity in Response to Problems ........................ 55 3.2.1. Conflict .......................................................................................... 57 3.2.2. Loss of Control.............................................................................. 57 3.2.3. Resistance to Oppression ............................................................. 58 3.2.4. Marginalisation and Subordination ................................................ 59 4. A Problematic Concept .............................................................................. 59 4.1. Introduction ......................................................................................... 59 4.2. Exclusion of the ‘Other’ ....................................................................... 60 5 Daniel Bedford 31/10/2015 4.2.1. Gender Bias .................................................................................. 60 4.2.2. Excluding the Physically Disabled ................................................ 61 4.2.3. Excluding the Irrational ................................................................. 62 4.3. Obscuring Lived Experience ............................................................... 64 4.3.1. Recognising Human Vulnerability and Interdependency .............. 64 4.3.2. Creating Systems of Subordination .............................................. 65 4.4. Connecting to Change ........................................................................
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