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Constitutional Law

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2011

Jurisprudence

Leslie Meltzer Henry

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The Jurisprudence Of Dignity, Leslie Meltzer Henry Sep 2011

The Jurisprudence Of Dignity, Leslie Meltzer Henry

Leslie Meltzer Henry

Few words play a more central role in modern constitutional law without appearing in the Constitution than dignity. The term appears in nearly one thousand Supreme Court opinions, but despite its popularity, dignity is a concept in disarray. Its meaning and functions are commonly presupposed, but rarely articulated. The result is a cacophony of uses so confusing that some critics argue that word ought to be abandoned altogether. This Article fills a void in the literature by offering the first empirical study of Supreme Court opinions that invoke dignity, and then proposing a typology of dignity based on a Wittgensteinian …