The principle of harmony with nature strengthens the achieved human rights. To demonstrate this hypothesis, this chapter contemplates a multidimensional approach to human dignity, starting from Donald Winnicott’s psychoanalytic theories and Hans Jonas’s biological foundations of individuality, highlighting that at the base of the psyche, before the blossoming of the logos, is the biological dimension of the human being, which, driven by instinct, culminates in the impulse for life, the conatus. The intrinsic value and dignity of all living beings are justified at this root level. Thus, reason and language, which have enabled humanity to constitute its symbolic universe through culture, are rooted in the biological dimension, shared with other living beings. This reality denotes the intertwining of the principle of harmony with nature and human dignity, revealing the ecological dimension of the principle of human dignity, as proposed by Sarlet and Fensterseifer. For the resolution of conflicts of interest between human and non-human beings, Paul Taylor’s theory of priority principles is adopted. Finally, the principle of harmony with nature is discussed as the legal foundation of the person/place relationship, based on Nicole Graham’s critique of the dephysicalization of property, and it proposes the redefinition of place as a personality right of people who are linked to it by ancestry or affection.

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The Reaffirmation of Human Rights Through the Principle of Harmony with Nature

  • Raquel Domingues do Amaral

摘要

The principle of harmony with nature strengthens the achieved human rights. To demonstrate this hypothesis, this chapter contemplates a multidimensional approach to human dignity, starting from Donald Winnicott’s psychoanalytic theories and Hans Jonas’s biological foundations of individuality, highlighting that at the base of the psyche, before the blossoming of the logos, is the biological dimension of the human being, which, driven by instinct, culminates in the impulse for life, the conatus. The intrinsic value and dignity of all living beings are justified at this root level. Thus, reason and language, which have enabled humanity to constitute its symbolic universe through culture, are rooted in the biological dimension, shared with other living beings. This reality denotes the intertwining of the principle of harmony with nature and human dignity, revealing the ecological dimension of the principle of human dignity, as proposed by Sarlet and Fensterseifer. For the resolution of conflicts of interest between human and non-human beings, Paul Taylor’s theory of priority principles is adopted. Finally, the principle of harmony with nature is discussed as the legal foundation of the person/place relationship, based on Nicole Graham’s critique of the dephysicalization of property, and it proposes the redefinition of place as a personality right of people who are linked to it by ancestry or affection.