Conflicts between dignity and freedom: a reformulation

Abstract

This article analyzes the conflicts between human dignity and freedom that arise when deciding whether certain controversial social practices should be permitted or prohibited by law. The author suggests that these conflicts can be better understood and addressed if they are reframed as a disagreement over the conditions necessary to guarantee the freedom not only of those directly involved in those practices but of all members of the community. One such condition is the provision of a broad sphere of non-interference, and it is this condition that those who invoke freedom claim. Another, equally important, condition is the existence of meaningful and valuable social practices, and those who invoke dignity refer to this, considering that promoting such practices and discouraging unwelcome ones can and should be done through legal means.