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Knowles on "Dignity" & the Rule of Law

By Lawrence Solum

Helen J. Knowles (State University of New York - SUNY at Oswego) has posted Courting 'Dignity' on SSRN. Here is the abstract:

This paper considers whether a judicial opinion?s contribution to the rule of law is undermined by the inclusion, in that opinion, of an amorphous concept such as dignity. Using a database of the U.S. Supreme Court opinions which make ?standalone? reference(s) to this concept, I find that the concept?s utility is largely dependent upon two variables: (1) the type of dignity that is being referenced; and (2) the reason why a reference to dignity is included in the opinion. Analysis of two of the most frequently occurring types of dignity ? human and state ? leads me to conclude that opinions containing references to human dignity are likely to pose far fewer threats to the basic principles of the rule of law than those that speak of the dignity of states.

Highly recommended.

Full post as published by Legal Theory Blog on April 15, 2010 (boomark / email).