The Rule of Law as a Protector of Human Dignity: A caution against rule by law

It is often argued that human dignity is a trait shared by all who are members of the human family, without exception. It can be described as the base commonality that we all share and that warrants especial treatment and committed observance in order to value the individual and collective lives of humanity. When conditions are set of human dignity, we permit the notion of respect for humanity to be subject to exceptions. These exceptions have, in recent and ancient times, been used to justify outrageous atrocities against people. In this paper, we will assert that the rule of law, even in its most formal formulation, is capable of helping to protect human dignity. This paper will also assert, however, that instances where states adopt rule by law (that is, the use of law as a political facilitator and a means to achieve political aims) is a threat to human dignity. Although the rule of law is occasionally criticised for being western-centric, the alternative approach of using law to achieve political goals damages the certainty and stability that is expected from law and permits interference with the fundamental concept of dignity that we all share. The American President, John F Kennedy, said in a radio and television report to the American people on civil rights on 11 June 1963, ‘…that the rights of every man are diminished when the rights of one man are threatened’. If conditions are permitted to the enjoyment of human dignity, then every person’s human dignity is conditional.