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The Value of Human Dignity: An Analysis of DOJ’s Prison Rape Rule Open Access

Since President Obama issued Executive Order 13563, Improving Regulation and Regulatory Review in early 2011, some onlookers have wondered how and to what extent regulators will consider human dignity as a regulatory analysis input. The executive order stressed the role of both quantitative and qualitative costs and benefits in shaping regulations, and, among other things, encouraged regulatory agencies to include the impacts of regulation on human dignity when promulgating new rules: “Where appropriate and permitted by law, each agency may consider (and discuss qualitatively) values that are difficult or impossible to quantify, including equity, human dignity, fairness, and distributive impacts.”

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