Religion, Law, and Democracy: Selected Writings

Ernst-Wolfgang Böckenförde (1930-2019) was a prominent legal scholar and political thinker in Europe. He significantly contributed to legal and political theory, the modern state's conceptual framework, and contested political issues such as the constitutional status of the state of emergency, citizenship rights, bioethical politics, and European integration. This second volume in the first representative edition of Böckenförde's writings in English brings together his essays on religion, law, and democracy, organized in five sections.

Format: Paperback / softback
Length: 480 pages
Publication date: 24 June 2022
Publisher: Oxford University Press

Ernst-Wolfgang Böckenförde, a prominent figure in European legal scholarship and political thought, left an indelible mark on the intellectual landscape from 1930 until his passing in 2019. As a scholar of constitutional law and a judge on Germany's Federal Constitutional Court (1983-1996), Böckenförde played a pivotal role in shaping contemporary debates in legal and political theory, the conceptual framework of the modern state, and contentious political issues such as the constitutional status of the state of emergency, citizenship rights, bioethical politics, and the challenges of European integration. His extensive and influential writings have not only shaped academic discourse but also influenced broader public discussions spanning several decades.

Böckenförde's impact extends beyond academia, as he held a trusted public office as a federal constitutional judge. During his tenure on the Court, he delivered several groundbreaking decisions that profoundly impacted the Federal Republic of Germany. These decisions covered a wide range of topics, including missile deployment, political party regulation, abortion law, and the process of European integration. Through his rulings, Böckenförde not only shaped legal precedent but also influenced the way academics and citizens think about law and politics.

This second volume in the first representative edition of Böckenförde's writings in English brings together his essays on religion, law, and democracy. The volume is organized into five sections:

I. The Catholic Church and Political Order: In this section, Böckenförde explores the relationship between the Catholic Church and political order, examining the historical and philosophical dimensions of this complex interplay. He discusses the role of the Church in shaping political institutions, the challenges posed by secularism, and the implications of religious diversity for democratic societies.

II. State and Secularity: Böckenförde delves into the concept of the state and secularity, examining the boundaries between religious and secular authority and the role of the state in protecting religious freedom. He explores the historical development of secularism in Europe and its impact on political institutions, as well as the challenges posed by religious extremism and the resurgence of religious nationalism.

III. The Theology of Law and its Relation to Political Theory: Böckenförde examines the relationship between the theology of law and political theory, exploring the philosophical foundations of legal systems and the ethical implications of legal norms. He discusses the role of law in shaping political behavior, the concept of legal positivism, and the relationship between law and morality.

IV. Norms and the Principle of Human Dignity: In this section, Böckenförde explores the concept of norms and the principle of human dignity, examining the ethical foundations of legal systems and the role of the state in protecting human rights. He discusses the challenges posed by globalization, the role of international law in promoting human rights, and the responsibilities of individuals and societies in upholding human dignity.

V. Excerpts from a Biographical Interview: The final section of the volume includes excerpts from a biographical interview with Böckenförde, providing insights into his life, career, and philosophical perspectives.

Each section is preceded by an editors' introduction to the articles and running editorial commentary to the work, enhancing the reader's understanding and appreciation of Böckenförde's thought.

In conclusion, Ernst-Wolfgang Böckenförde's profound contributions to legal scholarship and political thought have left an enduring legacy. His writings have shaped academic discourse, influenced public debates, and influenced the way academics and citizens think about law and politics. As a federal constitutional judge and holder of a trusted public office, Böckenförde has not only shaped legal precedent but also influenced the way academics and citizens think about law and politics. This second volume in the first representative edition of Böckenförde's writings in English is a testament to his enduring influence and a valuable resource for scholars and policymakers alike.

Weight: 686g
Dimension: 234 x 155 x 26 (mm)
ISBN-13: 9780192857033