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Ernst-Wolfgang Böckenförde (1930-2019) was one of Europe's foremost legal scholars and political thinkers. As a scholar of constitutional law and a judge on Germany's Federal Constitutional Court (1983-1996), Böckenförde was a major contributor to contemporary debates in legal and political theory, to the conceptual framework of the modern state and its presuppositions, and to contested political issues such as the constitutional status of the state of emergency, citizenship rights, bioethical politics, and the challenges of European integration. His writings have shaped not only academic but also wider public debates from the 1950s to the present, to an extent that few European scholars can match. As a federal constitutional judge and holder of a trusted public office, Böckenförde has influenced the way academics and citizens think about law and politics. During his tenure on the Court, several path-breaking decisions for the Federal Republic of Germany were handed down, including decisions on the deployment of missiles, the law on political parties, the regulation of abortion, and the process of European integration. This second volume in the first representative edition in English of Böckenförde's writings brings together his essays on religion, law, and democracy. The volume is organized in five sections: I. the Catholic Church and Political Order; II. State and Secularity; III. the Theology of Law and its Relation to Political Theory; IV. Norms and the Principle of Human Dignity; and V. Excerpts from a biographical interview. Sections I, II, III, and IV are preceded by an editors' introduction to the articles as well as running editorial commentary to the work.
This volume investigates the complex, often paradoxical relationship between secular democratic legal orders and the religious foundations that sustain them. Ernst-Wolfgang Böckenförde, a distinguished German constitutional scholar and former judge on the Federal Constitutional Court, utilizes his extensive experience in jurisprudence to examine the presuppositions of the modern state. He argues that the secular state relies on normative foundations it cannot generate itself, necessitating a nuanced understanding of the interplay between faith, law, and political legitimacy.
What You Will Find
Scope Limits
Scholars and legal practitioners recognize this collection as a foundational resource for understanding the intellectual history of German constitutionalism. Readers frequently note the academic density of the prose, which requires a strong background in political philosophy to fully appreciate the author's rigorous legal arguments.
Page Count:
467
Publication Date:
2020-01-01
Publisher:
OUP Oxford
ISBN-10:
0192550624
ISBN-13:
9780192550620
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