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Jeremy Waldron - Dignity, Rank, and Rights

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Writers on human dignity roughly divide between those who stress the social origins of this concept and its role in marking rank and hierarchy, and those who follow Kant in grounding dignity in an abstract and idealized philosophical conception of human beings. In these lectures, Jeremy Waldron contrives to combine attractive features of both strands. In the first lecture, Waldron presents a conception of dignity that preserves its ancient association with rank and station, thus allowing him to tap rich historical resources while avoiding what many perceive as the excessive abstraction and dubious metaphysics of the Kantian strand. At the same time he argues for a conception of human dignity that amounts to a generalization of high status across all human beings, and so attains the appealing universality of the Kantian position. The second lecture focuses particularly on the importance of dignity - understood in this way - as a status defining persons relation to law: their presentation as persons capable of self-applying the law, capable of presenting and arguing a point of view, and capable of responding to laws demands without brute coercion. Together the two lectures illuminate the relation between dignity conceived as the ground of rights and dignity conceived as the content of rights; they also illuminate important ideas about dignity as noble bearing and dignity as the subject of a right against degrading treatment; and they help us understand the sense in which dignity is better conceived as a status than as a kind of value.

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Dignity, Rank, and Rights
Jeremy Waldron and Meir Dan-Cohen
  • The Tanner Lectures on Human Values were established by the American scholar, industrialist, and philanthropist Obert Clark Tanner; they are presented annually at nine universities in the United States and England. The University of California, Berkeley became a permanent host of annual Tanner Lectures in the academic year 20002001. This work is the seventh in a series of books based on the Berkeley Tanner Lectures. The volumes include a revised version of the lectures that Jeremy Waldron presented at Berkeley in April 2009, together with the responses of the three invited commentators on that occasionWai Chee Dimock, Don Herzog, and Michael Rosenand a final rejoinder by Professor Waldron. The volumes are edited by Meir Dan-Cohen, who also contributes an introduction. The Berkeley Tanner Lecture Series was established in the belief that these distinguished lectures, together with the lively debates stimulated by their presentation in Berkeley, deserve to be made available to a wider audience. Additional volumes are in preparation.

Martin Jay

R. Jay Wallace

Series Editors

  • Volumes Published in the Series
  • Joseph Raz, The Practice of Value
  • Edited by R. Jay Wallace
  • With Christine M. Korsgard, Robert Pippin, and Bernard Williams
  • Frank Kermode, Pleasure and Change: The Aesthetics of Canon
  • Edited by Robert Alter
  • With Geoffrey Hartman, John Guillory, and Carey Perloff
  • Seyla Benhabib, Another Cosmopolitanism
  • Edited by Robert Post
  • With Jeremy Waldron, Bonnie Honig, and Will Kymlicka
  • Axel Honneth, Reification: A New Look at an Old Idea
  • Edited by Martin Jay
  • With Judith Butler, Raymond Guess, and Jonathan Lear
  • Allan Gibbard, Reconciling Our Aims
  • Edited by Barry Stroud
  • With Michael Bratman, John Broome, and F. M. Kamm
  • Derek Parfit, On What Matters
  • Edited by Samuel Scheffler
  • With T. M. Scanlon, Susan Wolf, Allen Wood, and Barbara Herman

Dignity Rank and Rights - image 1

(p.iv) Dignity Rank and Rights - image 2

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  • Copyright in this volume The Regents of the University of California 2012
  • Dignity, Rank, and Rights by Jeremy Waldron was delivered as a Tanner Lecture on Human Values
  • at the University of California, Berkeley, April 21, 2009 and April 22, 2009. Printed with the
  • permission of the Tanner Lectures on Human Values, a corporation, University of Utah, Salt Lake City.
  • Published by Oxford University Press,
  • 198 Madison Avenue, New York, New York 10016
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  • All rights reserved. No part of this publication may be reproduced,
  • stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise,
  • without the prior permission of Oxford University Press.
  • Library of Congress Cataloging-in-Publication Data
  • Waldron, Jeremy.
  • Dignity, rank, and rights / Jeremy Waldron ; with commentaries by Wai Chee Dimock, Don Herzog, Michael Rosen ; edited and introduced by Meir Dan-Cohen.p. cm.
  • Delivered as a Tanner lecture on human values at the University of California, Berkeley, April 21, 2009 and April 22, 2009T.p. verso.
  • Includes bibliographical references and index.
  • ISBN 978-0-19-991543-9 (alk. paper)
  • 1.Philosophical anthropology.2.Dignity.3.Civil rights.4.Human rights.I.Dan-Cohen, Meir.II.Title.
  • BD450.W233 2012
  • 128.3dc23 2012000941
  • 135798642
  • Printed in the United States of America on acid-free paper
(p.vii) Contributors
  • Jeremy Waldron is Chichele Professor of Social and Political Theory at All Souls College, Oxford, a chair he holds jointly with his position as University Professor at New York University Law School. Professor Waldron's work in jurisprudence and political theory is well known, as are his articles on constitutionalism, democracy, homelessness, judicial review, minority cultural rights, property, rule of law, and torture. His books include The Dignity of Legislation (Cambridge University Press, 1999), Law and Disagreement (Oxford University Press, 1999), Torture, Terror and Trade-offs: Philosophy for the White House (Oxford University Press, 2010), and The Harm in Hate Speech (Harvard University Press, 2012). Professor Waldron was elected to the American Academy of Arts and Sciences in 1998, the British Academy in 2011, and in 2011 he also received the Phillips Prize from the American Philosophical Society for lifetime achievement in jurisprudence.

  • Meir Dan-Cohen is Milo Reese Robbins Chair in Legal Ethics, School of Law, the University of California at Berkeley and an Affiliate of the Department of Philosophy there. He works in legal and moral philosophy, with a special interest in conceptions of self and criminal law theory. His publications include Harmful Thoughts: Essays on Law, Self, and Morality (Princeton University Press, 2002) and Rights, Persons, and Organizations: A Legal Theory for Bureaucratic Society (University of California Press, 1986).

  • (p.viii) Wai Chee Dimock is William Lampson Professor of English and American Studies at Yale University. Her publications include Empire for Liberty: Melville and the Poetics of Individualism (Princeton University Press, 1989); Rethinking Class (Columbia University Press, 1994); Residues of Justice: Literature, Law, Philosophy (University of California Press, 1995); Through Other Continents: American Literature Across Deep Time (Princeton University Press, 2006), and Shades of the Planet: American Literature as World Literature (Princeton University Press, 2007). She is now at work on a critical work: Low Theory: Genres, Media, Webs; and a print-and-web anthology, American Literature in the World.

  • Don Herzog is Edson R. Sunderland Professor of Law at the University of Michigan. His main teaching interests are political, moral, legal, and social theory; constitutional interpretation; torts; and the First Amendment. His books include Poisoning the Minds of the Lower Orders (Princeton University Press, 1998), Cunning (Princeton University Press, 2006), and Household Politics: Conflict in Early Modern England (free online version by M-Publishing, 2012, and Yale University Press, 2013).

  • Michael Rosen is Professor of Government at Harvard University and Honorary Professor of Philosophy at the Humboldt University, Berlin. He works mainly on political theory and the history of philosophy. His works include

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