Conditions of dignified life: between Nussbaum's capabilities theory approach and the suma qamaña principle

Authors

DOI:

https://doi.org/10.5335/rjd.v36i3.14047

Keywords:

Human Dignity, Neoconstitutionalism, Interculturality, Nussbaum, Suma qamaña

Abstract

The objective of this work is to contribute to the delimitation of the legal principle of human dignity from the intercultural dialogue between the Western tradition, with the perspective of the capacities of the North American philosopher Martha Nussbaum, and the Andean tradition, with the Aymara philosophy of suma qamaña, showing that we can all win when we recognize that cultural differences, instead of driving us away, can bring us closer, if we accept the incompleteness and imperfection of our own knowledge. Initially, some basic conceptual notions about neo-constitutionalism and Alexy's normative theory are exposed, to then develop a brief synthesis of the historical evolution of the philosophical principle of human dignity. In the second topic, the legal principle of human dignity is analyzed, showing its current trivialization and consequent need for parameters that can help to better define its content, which is proposed to be done via intercultural dialogue between the perspective of Martha's capabilities Nussbaum, and the Aymara philosophy of suma qamaña.

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Author Biography

  • Ana Maria D’Ávila Lopes, Universidade de Fortaleza

    PhD in Constitutional Law from the Federal University of Minas Gerais (UFMG). Full Professor of the Postgraduate Program in Constitutional Law at the University of Fortaleza (UNIFOR). CNPq Research Productivity Scholarship (PQ2)

Published

2022-12-30

How to Cite

Conditions of dignified life: between Nussbaum’s capabilities theory approach and the suma qamaña principle. (2022). Law of Justice Journal, 36(3), 253-275. https://doi.org/10.5335/rjd.v36i3.14047