Acceso usuarios
Mototsugu Nishino
This article inquires into complex backgrounds in the chaotic discussions regarding "human dignity" in Germany and seeks to propose a basic aspect to construct this theme appropriately. The legal concept of "human dignity" contains historical or philosophical factors and different standpoints regarding dogmatic legal organization. Against the connection thesis between dignity and life in the abortion judgement are the separation thesis and the naturalistic fallacy. People can widely diverge in their discussions about the beginning of the protection of human life and the normative foundations. Many positions are confronted in the issue of the intervention of reproductive medicine in embryonic life. In the above-mentioned contexts, people can notice the diversity in the guaranteed contents of "human dignity" and the distinction between status level and actor level. I attempt to construct "human dignity" and human life based on the uniqueness of real human being (the individual). Life is the biologic foundation of an individual. I (self) and life are not separable. People must respect the hereditary originality in human life. Thus, "human dignity" gains the real foundation jointly with human life. Human life can resist the utilitarian popurality jointly with "human dignity".
