Dignità umana e diritto privato

• Autores: Giampaolo Azzoni
• Localización: Ragion pratica, ISSN 1720-2396, Nº. 38, 2012, págs. 75-98
• Idioma: italiano
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• Resumen

  • The analysis of the relationship between human dignity and private law requires distinguishing self-determination from autonomy. Self-determination manifests itself in an individual decision, whereas autonomy creates an individual rule which also meets the transcendental requirements of a law. In this perspective, human dignity is the ground of autonomy, though a limit to self-determination. According to Kant, human dignity is connected with the anthropological difference between homo phaenomenon and homo noumenon. One violates human dignity when one reduces a person to his phenomenic part. Respect for human dignity implies duties to others as well as to the self. By means of a legal act, man cannot deprive himself of what originally belongs to him.