Religion, Law, and Democracy: Selected Writings

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Ernst-Wolfgang Böckenförde (Professor Emeritus, Professor Emeritus, University of Freiburg) Mirjam Künkler (Research ProfessorResearch Professor, Research ProfessorResearch Professor, Netherlands Institute for Advanced Study)

Religion, Law, and Democracy

Selected Writings

Ernst-Wolfgang Böckenförde (Professor Emeritus, Professor Emeritus, University of Freiburg), Mirjam Künkler (Research ProfessorResearch Professor, Research ProfessorResearch Professor, Netherlands Institute for Advanced Study), Tine Stein (Professor of Political Theory, Professor of Political Theory, University of Göttingen)

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English

Oxford University Press
22 October 2020

Religion & politics; Religious freedom & freedom of worship; Jurisprudence & philosophy of law; Constitutional & administrative law

Series: Oxford Constitutional Theory

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.

By: Ernst-Wolfgang Böckenförde (Professor Emeritus Professor Emeritus University of Freiburg)
Edited by: Mirjam Künkler (Research ProfessorResearch Professor Research ProfessorResearch Professor Netherlands Institute for Advanced Study), Tine Stein (Professor of Political Theory, Professor of Political Theory, University of Göttingen)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 241mm, Width: 164mm, Spine: 32mm
Weight: 892g
ISBN: 9780198818632
ISBN 10: 0198818637
Series: Oxford Constitutional Theory
Pages: 480
Publication Date: 22 October 2020
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

Mirjam Künkler: Freedom in Religion, Freedom in the State: Ernst-Wolfgang Böckenförde on Religion, Law, and Democracy Part I: Catholic Church and Political Order Mirjam Künkler and Tine Stein: Böckenförde on the relation of the Catholic Church and Christians to democracy and authoritarianism I: The Ethos of Modern Democracy and the Church [1957] II: German Catholicism in 1933: A Critical Examination [1961] III: Types of Christian Worldly Conduct during the Nazi-Regime [1965] IV: Religious Freedom Between the Conflicting Demands of Church and State [1964-79] Part II: State and Secularity Mirjam Künkler and Tine Stein: Böckenförde on the Secular State and Secular Law V: The Rise of the State as a Process of Secularization [1967] VI: The Fundamental Right of Freedom of Conscience [1969] VII: Remarks on the Relation between State and Religion in Hegel [1982] VIII: The Secularized State: Its Character, Justification, and Problems in the Twenty-First Century [2007] Part III: On the Theology of Law and Political Theory Mirjam Künkler and Tine Stein: Böckenförde on the Relationship Between Theology, Law and Political Theory IX: Political Theory and Political Theology: Comments on their reciprocal relationship [1981] X: Reflections on a Theology of Modern Secular Law [1999] XI: A Christian in the Office of Constitutional Judge [1999] XII: On the Authority of Papal Encyclicals: the Example of Pronouncements on Religious Freedom [2005] Part IV: Basic Norms and the Principle of Human Dignity Mirjam Künkler and Tine Stein: Böckenförde on the Right to Life, Human Dignity, and its Meta-positive Foundations XIII: Abolition of § 218 of the Criminal Code? Reflections on the Current debate about the prohibition of abortion under German Criminal Law [1971] XIV: Human Dignity as a Normative Principle: Fundamental Rights in the Bioethics Debate [2003] XV: Will Human Dignity Remain Inviolable? [2004] Part V: Böckenförde in Context XVI: Dieter Gosewinkel: Biographical Interview with Ernst-Wolfgang Böckenförde [2011]

Ernst-Wolfgang Böckenförde (1930-2019) was a Professor emeritus of Public Law at the University of Freiburg. He is one of the best-known and most influential German legal scholars in the post-war period. From 1983-1996 he served as Justice of the Federal Constitutional Court of Germany. In the 1960s, Böckenförde was one of the founders of the journal Der Staat - Zeitschrift für Staatslehre, Öffentliches Recht und Verfassungsgeschichte. He is a member of the Social Democratic Party and served as a long-time legal advisor to it.

Reviews for Religion, Law, and Democracy: Selected Writings

This reasoned collection offers a fresh and comprehensive picture of Boeckenfoerde's works on law, religion, and democracy. Page after page, the reader discovers the genuine richness and complexity of the philosophical, historical, and constitutional thinking of one of the outstanding intellectuals of the 20th century. -- Marta Cartabia, President of the Italian Constitutional Court Boeckenfoerde was a major legal and political thinker who contributed in an important way to the building of post-war German democracy. He still has lessons to teach us all. -- Charles Taylor, Professor Emeritus, McGill University Ernst-Wolfgang Boeckenfoerde was once called an intellectual giant with 'three souls'. He was a liberal Catholic deeply devoted to God and the church's Vatican II reforms; a high court judge sworn to uphold the constitution and the Rechtsstaat; and a social democrat bent on fostering greater liberty, justice, and welfare for all. All three souls -- and a big mind and heart, too -- grapple profoundly in these essays with fundamental questions of abortion, bioethics, religious freedom, human dignity, and much more. -- John Witte, Jr., Director, Center for the Study of Law and Religion, Emory University