Die verfassungstheoretische Unterscheidung von Staat und Gesellschaft als Bedingung der individuellen Freiheit

Böckenförde, Ernst-Wolfgang

doi:10.1007/978-3-322-90090-6

Cited by 38 publications

(26 citation statements)

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“…According to Böckenförde (1973), the separation of the state from civil society is not a specifically German feature but instead it is the general experience of European liberalism. Fundamental liberty in modern society is so-called negative freedom, especially individual freedom from the state.…”

Section: Civil Society As Argumentmentioning

confidence: 99%

Repeated Reinterpretation of Civil Society: On the Intellectual Context of Niklas Luhmann's Sociological Theory

Koyama

2018

Int J Japanese Sociology

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This article explains the intellectual context of Niklas Luhmann's sociological theory. Although Luhmann's theory is well known for its highly abstract features, this does not mean that the theory results from his references to the latest general systems theory, which has been the primary focus of previous literature. That said, no social theory is produced in a vacuum. Even if a theorist attempts to construct a general sociological theory to explain every social phenomenon, that theory is necessarily influenced by the theorist's prejudices. Therefore, social theory must be contextualized both to estimate its biases and to limit its scope. This study shows that Luhmann's systems theory is constructed through a struggle with the issues of his day. First, it notes that the question of how to conceptualize modern civil society was widely shared by German intellectuals from the late 1950s to the 1970s and that the question created a certain discourse field. Second, Luhmann's theoretical conception is contextualized in that field of discourse, and the central role of both the concept of functional differentiation and the concern with border maintenance in his theory‐building is explained in comparison with the work of contemporary intellectuals. To deepen our analysis, this article reconstructs Schmitt's interpretation and criticism of civil liberalism and describes Luhmann's struggle with it. Finally, by analyzing the Gesellschaftswissenschaften of Robert von Mohl, one of the founders of civil liberalism, this article argues that Luhmann's sociology can be characterized as an attempt to rehabilitate civil liberalism.

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Section: Civil Society As Argumentmentioning

confidence: 99%

Repeated Reinterpretation of Civil Society: On the Intellectual Context of Niklas Luhmann's Sociological Theory

Koyama

2018

Int J Japanese Sociology

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“…The dimensions of feeling responsible and the sense of care and of duty were no longer present such as they should have been. Obviously this was an effect years ago pointed out by the socalled "Böckenförde dictum" [20] which was first concerning the secular state ("The liberal, secular state lives on conditions which he itself can not guarantee.") but even was valid for the companies in the secular society.…”

Section: Success and Crisis Of Economic Ways Of Thinkingmentioning

confidence: 99%

Modern Economization—Only a Burden on Diaconia and Church?

Pawlas¹

2014

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Although Diaconia/Caritas and Protestant/Roman Katholic Churches are large service providers in Germany, they often feel economic thinking as a burden or even a nuisance. It is regarded as something "not authentic" in the aid and assistance to the poor, miserable and needy as successors in the love of Jesus Christ. But economic thinking has to be seen as careful handling of the entrusted goods and is justified in the sense of belief in creation and the "Two Natures Doctrine" of Christ. It must be regarded as an important expression of all the earthly. On the other hand an exclusively economic profit-oriented attitude easily can turn in greed and avarice. And that makes it blind not only for the responsibility to one's neighbor and but also for essential risks. Therefore many companies went to develop their own "corporate culture", in which should be deployed the ethical principles of the companies. However in the companies of the Diaconia it is not necessary to develop new ethical principals because diaconal work should be founded in a "culture of charity" of Christianity that creates engaged employees.

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“…The market process is predominantly modelled in a '' The most comprehensive study of 'the mirage of social justice' can still be found in Hayek. (1976) Bockenforde, 'Staat und Gesellschaft', in (1989) way which is suitable to a planned order or organisation but not to a spontaneous order34. It probably also reflects a deep-rooted human instinct to reduce the complexity of the outside world by assuming rather simple patterns of ca~sation'~.…”

Section: The Fundumentul Misunderstundingmentioning

confidence: 99%

The Economic Constitution of the European Community: From ‘Rome’ to ‘Maastricht’

Streit¹,

Mussler

1995

European Law Journal

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: The present paper analyses, from an economic point of view, the changes in the economic constitution of the European Community since its foundation in 1958. In order to identify the various changes, we start by developing an economic frame of reference. Our proposition is that the constitution of the European Community (EC) came closest to this frame of reference: an economic constitution for a market system. In the subsequent parts, we try to show that the process of European integration was largely based on the introduction of non‐market elements. Our final argument will be that as far as the economic constitution is concerned, the Treaty on European Union (TEU) is dominated by traits which are Characteristic of modern welfare states.

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Die verfassungstheoretische Unterscheidung von Staat und Gesellschaft als Bedingung der individuellen Freiheit

Cited by 38 publications

References 0 publications

Repeated Reinterpretation of Civil Society: On the Intellectual Context of Niklas Luhmann's Sociological Theory

Repeated Reinterpretation of Civil Society: On the Intellectual Context of Niklas Luhmann's Sociological Theory

Modern Economization—Only a Burden on Diaconia and Church?

The Economic Constitution of the European Community: From ‘Rome’ to ‘Maastricht’

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