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Oxford University Press
22 October 2020
Religion & politics; Religious freedom & freedom of worship; Jurisprudence & philosophy of law; Constitutional & administrative law
Ernst-Wolfgang Boeckenfoerde (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), Boeckenfoerde 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, Boeckenfoerde 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 Boeckenfoerde'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 Boeckenfoerde (Professor Emeritus of Public Law Professor Emeritus of Public Law University of Freiburg; Former Justice of the Federal Constitutional Court of Germany)
Edited by:   Mirjam Kunkler (Research Professor Research Professor Netherlands Institute for Advanced Study), Tine Stein (University of Goettingen)
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 Kunkler: Freedom in Religion, Freedom in the State: Ernst-Wolfgang Boeckenfoerde on Religion, Law, and Democracy Part I: Catholic Church and Political Order Mirjam Kunkler and Tine Stein: Boeckenfoerde 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 Kunkler and Tine Stein: Boeckenfoerde 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 Kunkler and Tine Stein: Boeckenfoerde 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 Kunkler and Tine Stein: Boeckenfoerde 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: Boeckenfoerde in Context XVI: Dieter Gosewinkel: Biographical Interview with Ernst-Wolfgang Boeckenfoerde [2011]

Ernst-Wolfgang Boeckenfoerde was a Professor of Public Law at the University of Freiburg. He served as a judge at the Federal Constitutional Court of Germany (1983-1996) and made pathbreaking contributions in the fields of constitutional history, constitutional dogmatics, philosophy of law, the status of natural law and canon law in modern democracy, and to democratic theory. Mirjam Kunkler is a Research Professor at the Netherlands Institute for Advanced Study. Tine Stein is a Professor of Political Theory at the University of Goettingen.

Reviews for Religion, Law, and Democracy: Selected Writings

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 * 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 * 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 *

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