The study analyzes the significance of human dignity in criminal law. While traditionally considered inviolable, it is increasingly understood as a social status. This perspective influences criminalization theory, for example, in cases of insult or hate speech. It also plays a central role in ethically controversial issues such as euthanasia. The study discusses how criminal law and morality are related and whether principles such as dignity and offense should complement the harm principle. It namely analyzes various theories of human dignity and distinguishes between internal (humanity, identity) and external dimensions (humiliation, status). In criminal policy, the offense of insult protects the right to respect rather than dignity itself. In cases of hate speech, criminal law intervention is legitimate if it objectively excludes participation in the discourse.

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Menschenwürde und Kriminalisierungsgrenzen: Strafrechtliche Vorüberlegungen

  • Yi-Wen Huang

摘要

The study analyzes the significance of human dignity in criminal law. While traditionally considered inviolable, it is increasingly understood as a social status. This perspective influences criminalization theory, for example, in cases of insult or hate speech. It also plays a central role in ethically controversial issues such as euthanasia. The study discusses how criminal law and morality are related and whether principles such as dignity and offense should complement the harm principle. It namely analyzes various theories of human dignity and distinguishes between internal (humanity, identity) and external dimensions (humiliation, status). In criminal policy, the offense of insult protects the right to respect rather than dignity itself. In cases of hate speech, criminal law intervention is legitimate if it objectively excludes participation in the discourse.