录用日期: 2021-12-24
网络出版日期: 2022-01-22
基金资助
上海市曙光计划项目“现代公法的立法精神与价值研究:概念史的视角”(项目编号:20SG07);教育部择优资助计划“遵循学生成长规律的大中小学宪法教育一体化建设研究”(项目编号:21JDSZK158)
Personality Right in Public Law:From a Perspective of Concept
张晓燕 . 公法上的人格权:概念的视角[J]. 华东师范大学学报(哲学社会科学版), 2022 , 54(1) : 69 -81 . DOI: 10.16382/j.cnki.1000-5579.2022.01.007
The protection of personality right in public law needs to accurately define the connotation of personality right. “Personality right” first appeared in Roman law, and was treated as a concept of public law in German Basic Law in 1949. It has developed in judicial practice and theory of public law. The concept of personality right mainly originated from Kant. Examining Kant’s relative ideas helps us understand the dimension and connotation of personality right. To provide value guidance and theoretical support for the protection of personality right in public law, this paper explores the general concept of personality right in public law from the perspective of history, theory and juridical practice and then clarifies the objective legal order requirements of personality right to the state.
Key words: public law; personality right; human dignity in Kant; state obligation
/
〈 |
|
〉 |