ТЕОРЕТИЧНІ УЯВЛЕННЯ ПРО ЛЮДСЬКУ ГІДНІСТЬ У ПРАВІ НІМЕЧЧИНИ

Abstract

The article analyzes the experience of philosophical justification of the idea of human dignity in Germany, which goes back to classical philosophy and is associated with the name of Immanuel Kant. Kant's teaching was not specifically focused on the development of the concept of "human dignity." However, scientists have formed several defining ideas that have influenced the understanding of "human dignity" and the principles on which it should function. In addition, the concept of human dignity had a significant impact on German constitutional law. A number of acts of international law are in force here, which established a whole system of human and citizen rights, which express the idea of human dignity, including the Universal Declaration of Human Rights. These acts assess human dignity as an integral property of the individual, lay the foundation of a new state order based on the idea that a person should be the most important value and goal both for himself and for the state. In German constitutional law, the dignity of the individual is not only one of the basic rights, but also the most important constitutional principle. Human dignity and other fundamental individual rights are considered in German constitutional law as values that precede the emergence of the state and, therefore, stand in the hierarchy, higher than the state interest. The court interprets human dignity from the position of Kantianism: it treated people as the ultimate goal, not as objects of manipulation.