Scope of Civil Legal Concept of Dignity

Abstract

Human dignity is the area for discussion for various sciences, out of which the research of its legal, namely, civil legal basis is noteworthy. This issue has not been properly studied in Georgian, as well as foreign legal literature, therefore there is no unified position regarding human dignity concept. However, based on the various theories on concept of dignity, it is possible to distinguish main characteristics, distinguishing dignity. The purpose of research is to determine the scope of human dignity concept, essential features of dignity, relation between the dignity and other personal rights. For consideration of these aspects, it is necessary to first of all, examine the essence of dignity, and then – setting of human dignity against honour. In addition, the purpose of this research is separation of constitutional legal and civil legal concepts of dignity. For examination of the mentioned problem it is required to establish constitutional legal concept and reveal its role in the area of dignity protection in general, and then – to clarify the scope of civil legal concept. . The aspects of civil legal protection of dignity are even more relevant, as the scope of private legal concept of dignity is less represented in the research. For examination of the mentioned problem, the historical, sociological, comparative legal, normative – dogmatic and logical methods are used. Thus, none of the above mentioned theories can fully explain the essence of human's dignity. However, they are based upon various signs of human reality, which, taken together, may give certain hints for defining the essence of dignity. First of all, the human dignity is acknowledged as the most primary value, in line with each concept, and its possessor shall necessarily be a human being. The concept of human dignity is criteria for individual evaluation. The idea of dignity is claim of elementary honor of human, which creates the precondition for any normative liability and equally applies to all the humans, regardless the differences.168 In addition, the concept of human dignity is of wide scale, because it is the basis for axiological components of understanding of human rights; it is obvious that, indicating the dignity, as the source of rights, human rights, based on their humanity, do not belong to homo sapiens species in biological essence, but represent the ensemble of biological, social and cultural values, which create the worthy life of human being in mankind. It has to be mentioned that the dignity is specific phenomenon, because it involves the real and ideal basics, the synthesis of which gives something new, in which the specific nature of dignity is manifested. Exactly, based on the above mentioned, the dignity is universal. This, itself, considers that it may imply and ensure other personal rights, which have especially wide nature in the private law. It is more obvious, if private legal means of protection are taken into account. In this regard, the scope of civil legal concept of dignity is wide. As compared with the private law, the constitutional legal concept of dignity is of narrow nature and, actually, is expression of public legal concept of dignity. The dignity, in civil legal terms, includes the areas, which relate to the honor, business reputation, name, personal life, authorship, activities, identity, self-evaluation, physical and moral inviolability, intimacy, self-determination, or the personal expressions of relation to socium. This is general definition of dignity, by which listing of all sides of dignity is possible; however, the mentioned aspects, considered in dignity, create particular frameworks for the dignity concept. In addition, the less are signs of any phenomenon, the wider this phenomenon is. Accordingly, the scope of the private legal concept of dignity shall be comprehensive. In the meantime, the civil legal concept of dignity relates to extensive protection of damaged person. The tools for protection of civil rights are considerable here, taking into account specific preconditions.