Le droit américain et la dignité humaine
American law makes a limited use of the notion of human dignity. Missing from the federal Constitution, mentioned by merely three states’ constitutions, a few treaties and occasional laws, human dignity finds nonetheless its place within the Supreme Court’s jurisprudence since the end of the Second...
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| Main Author: | |
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| Format: | Article |
| Language: | fra |
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Université Jean Moulin - Lyon 3
2018-12-01
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| Series: | Cahiers Jean Moulin |
| Subjects: | |
| Online Access: | https://journals.openedition.org/cjm/607 |
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| Summary: | American law makes a limited use of the notion of human dignity. Missing from the federal Constitution, mentioned by merely three states’ constitutions, a few treaties and occasional laws, human dignity finds nonetheless its place within the Supreme Court’s jurisprudence since the end of the Second World War. Two competing explanations are being provided to understand this acknowledgement. The first considers that human dignity spread throughout Europe from the Catholicism to law through Christian democrats, which couldn’t happen in the United States. The second one envisages human dignity as rank. Within a European continent burdened by aristocracy, human dignity is a levelling-up of the population to the highest rank. In the United States, the lack of an Ancien Regime is an obstacle to this process. |
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| ISSN: | 2553-9221 |