<研究論文(原著論文)>集団に基づく尊厳の侵害 --ヘイトスピーチに注目して--

This paper aims to explain a way of group-based dignity harm, which we term the “invalidation of dignity.” This concept refers to a mode of harming dignity by undermining the status of a group--a status that functions as a precondition for individuals to be dignified. Section 1 outlines the motivation and the three explanatory desiderata for such a concept. Taking hate speech as a paradigmatic example, the paper shows that dignity can be harmed not only through direct personal insults but also through attacks on the social groups to which individuals belong. In order to account for such phenomena--especially in the context of minority groups--the explanation must meet three desiderata: (1) particularity--it must establish the normative link between group membership and dignity; (2) asymmetry--it must be sensitive to inherent asymmetries in power between groups; and (3) diffusion--it must illustrate the mechanisms by which group-level attacks can affect individual members. Drawing on S. Killmister's (2020) conventionalist account of dignity, Section 2 refines her framework to better satisfy the latter two desiderata. Killmister's theory contains ambiguities in the normative relationship between groups and dignity. The paper addresses this by integrating insights from social ontology, particularly regarding the constitutive rules that structure group status and the norms attached to such status. Section 3 then develops the concept of “invalidation of dignity” as a distinct type of dignity harm and argues that this concept successfully meets all three desiderata.