The Undefined Remains Unprotected: Tensions Between Conscience and the Law in Germany by Way of Joseph Isensee

39 Pages Posted: 13 Mar 2019

See all articles by Patrick Quirk

Patrick Quirk

Thomas More Law School; St Mary's College; Ave Maria School of Law; Bond University School of Law

Date Written: 2018

Abstract

Professor Josef Isensee's rich exegesis on conscience protection in German law strikes a number of targets, which few other analyses have attempted. In the first place, it gives breathing room to state and to non-state institutions in a way that preserves the dignity of both. Second, it provides serious counter-weight to the Hegelian analysis, which labors under difficult contradictions. Third, it highlights the problems inherent in separating the concept of conscience from its religious roots. Finally, it indirectly raises the extraordinary 'Böckenförde dilemma' for constitutional analysis. This translation and commentary paves the way for further discussion in all these areas in the context of German law.

Keywords: military exception, external forum, internal forum, religious pluralism, german basic law, conscience protection

Suggested Citation

Quirk, Patrick, The Undefined Remains Unprotected: Tensions Between Conscience and the Law in Germany by Way of Joseph Isensee (2018). Tulane Journal of International & Comparative Law, Vol. 27, No. 1, 2018. Available at SSRN: https://ssrn.com/abstract=3339003

Patrick Quirk (Contact Author)

Thomas More Law School ( email )

Level 20, Tenison Woods House, 8-20 Napier St
North Sidney, NSW 2060
Australia

St Mary's College ( email )

871 Swanston Street
PARKVILLE, MI 3052
Australia

HOME PAGE: http://https://www.stmarys.unimelb.edu.au

Ave Maria School of Law ( email )

1025 Commons Circle
Naples, FL 34119
United States
(239) 687-5303 (Phone)
(239) 687-5340 (Fax)

HOME PAGE: http://www.avemarialaw.edu

Bond University School of Law ( email )

Gold Coast, QLD 4229
Australia
+61 7 55 95 1111 (Phone)
+61 7 55 95 2246 (Fax)

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