| Persons in the society, because of various natural endowment and opportunity, are hard to possess resources and engage in life. So, no matter what society is, there would be the weak. To face up to this is the premise of design of institution and operation of society. At present, the weak seems not to indicate persons who are low in economic level or fragile in life condition. At the same time, the public in society need dignity more than rights, this appears to be more serious in the weak. Although dignity is confirmed in institutions and laws of nations by degrees, there are differences in the recognition and emphysis of nations. The weak and dignity needs to be scrutinized carefully. This article holds a discussion on dignity of the weak, to reacquaint the features of the weak through analysis of three types of traditional weakers and three types of marginal populations. Tries to perceive the concept of human dignity at lexical meaning and conception levels, and concludes its basic compositions. Besides, points out the reasons why the dignity of the weak is easily offended, and demonstrates the dignity of the weak missing in real life. On these grounds, gives the conclusion that how law can raise the dignity of the weak.According to current definition, the weak is a relative concept, there are "time and space conversion", "field conversion", "circumstances conversion" and "norm-fact conversion" four possibilities of conversions. As soon as condition changes, it is difficult to distinguish strong or weak. That is to say, it can’t identify the weak by specific and single standard; someone should be disadvantage in one aspect, but advantage in another, the identification of the weak needs comprehensive standard.Ethics, politics and economics respectively gives proofs to the weak from good and evil, pros and cons, efficiency, sociology from realistic conditions, as well as jurisprudence emphysize the institutions and rights. The reasons of becoming the weak in sociology turn to characteristics of the weak in jurisprudence. General speaking, the weak points of the weak exist in capabilities, rights, dignity, nature, social conditions and institution systems. Although the causal link among this six categories is await clarification, it can be said, that persons to become the weak is not by comparision, but by the fragility of inner quality and the risk of outer qualification.The states briefly that the weak in a society, given its universality exists in various periods and places, have received attentions from researchers in fields such as economics and sociology, while becoming the core concept of these fields. These effects have discussed how to provide the weak the social support in living quality, economic issue, social resources, market competition. However, titles like "the weak" usually are taken into contrastive scene consisted by the stronger side and weaker side, causing expansion of extension of the weak and contagion of so called "mentality of disadvantage". For human is such a aggregation made by multiple factors, and one man can have advantages in certain filed while having disadvantages in the rest, it is difficult for us to identify the weak only by single factor. Therefore, related factors or a group of factor should be choose as standards of indentify the weak just like two figures are needed to determine a specific coordinate or two point can determine a straight line on a flat.The first chapter will focus on a redefinition of the weak. The universal existences of the weak in various periods and places have bought dynamics and historic characters to this group. Repeated usages of this concept in various specific contexts have, as well, brought relativity and randomness to itself. Such variations according to social change and different scenes have caused overexpansion of extensions of the weak, weakening the empirical meaning of this very word.So, new features of the weak can be drawn if examinations and clarifications are made toward certain related concepts. By comparing features of the weak with features of victims of disaster or war, special group, "minority group", "LGBT group", or "poorer group", it can be deduced that human is, based on his capacity, aggregation consisted by environment properties, which reflect the interaction between human and outside world, natural properties and social properties, which reflect the communication between humans. Human show his dignity by developing his capacity to possess and make use of resources. And becoming the weak is the pause of such course, also the disconnection between capacity and dignity. Hence to study the weak is to move toward increasing sophistication——"limited capacity—resources deficiencies/economic issue—poverty of rights—the lack of dignity"The second chapter will discuss protections for rights and dignity of the weak. The weak is made by factors such as human properties, related environment, specific situation and possession of resource. Given the individual difference and relative scarcity of social resource, institutional arrangement and policy direction, by which balance between social demand and real resource can be achieved, are needed to maintain order and peace of society. It is unreasonable to consider, however, that such maintaining can be achieved only by giving every social member equal rights and duties without a widely accepted agreement of conventional morality. That is to claim that in order to protect the weak, daily ethical norms is needed to build a society in which rights and dignities can be preserved.Besides, it is considered as irrational that one gets material benefits at cost of mental damage, or survives at the cost of personal insults, because such costs will jeopardize the completeness of one’s personality. While giving the weak material aids, it is important for us to give them emotional care. The proper integrated care provided to the weak should be given in various ways, which might include economic, mental, behavioral, psychological methods.The third chapter will claim that, according to studying cases that have brought wide social effects, to protect human right is to realize dignity by such protection. To those who live in public community, the weak issue is not just a matter of fact concerns the realization of rights. It can be resolved only if dignity and right are both realized. To protect the rights and dignity of the weak, we should present the core value of the human right, that is "dignity", "liberty", "equality" and "friendship", in national law and society life."The original type of human rights is the kind of right that human should have according to his/her nature and his/her personality and dignity." As a human of completeness, taken perspective from legal study, his/her right should have sufficient protections so that he or she can have internally unified rights and dignity. But when someone become the weak, he or she must have been suffer from insufficient protection of human right therefore can’t realize dignity by rights. According to international document and domestic legislation, this is proved by analysis of issues such as rights of adequate standard of living, discrimination of employment, personal freedom of internee and the educational or privacy right of citizens.Human dignity, accompany with the human rights framework set by some countries, is gradually manifested, and its really establishment is from "Charter of the United Nations" and "Universal Declaration of Human Rights". Dignity and rights jointly consists inseparable parts of human rights. As to the law regulation, human dignity asks for people’s basic life condition, independent personality, and safety, and on this basis to design corresponding rights. This is fundamental needs, and is where fragilities lie at the same time. To protect dignity by law, is to ensure person can live like a real person.At present, there are still problems of inadequate protection in an adequate standard of living, right to privacy, right to education, personality equality and employment discrimination, freedom of person and illegal detention. From widely influence cases, we can see that the weak problems can’t be solved only by rights, for any person in public life, to protect rights and dignity of the weak on an equal basis means core values of human rights such as "dignity, freedom, equality, friendship" could be shown in law and life.We need to control the balance among capabilities, rights, dignity and resources, to shorten distance between the poor and the rich, treat different needs of the poor and the first-rich, and to reduce the confrontation between the poor and the rich, to correct interest-oriented to people-oriented, to emphysize capabilities to realize fair opportunity. For this end, we should elevate status of human dignity in constitution, build human dignity based rights system, more importantly is to construct a self-respect and respect every member social circumstance so that human dignity can be realized at nation and society level. |
