The Undefined Remains Unprotected: Tensions Between Conscience and the Law in Germany by Way of Joseph Isensee
39 Pages Posted: 13 Mar 2019
Date Written: 2018
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
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