Religion, Law, and Democracy

Abstract

This is the first representative edition in English of Ernst-Wolfgang Böckenförde’s writings on religion, law, and democracy. As a historian, legal scholar, and former judge on Germany’s Federal Constitutional Court, Böckenförde (1930–2019) has shaped legal and political discourse in twentieth-century Germany like few others. Doing so, he combined three normative orientations writings as a political liberal, as a social democrat, and as a Catholic. The included articles discuss the place of religion in modern democracy, the role of the Catholic Church in the Nazi seizure of power in 1933, the Copernican revolution of Vatican II in embracing religious freedom and accepting the modern secular state, the history of the concept of freedom of conscience, the relation of religion and state in Hegel’s writings, democratic models of secularism, theological reflections on the character of secular law, models of political theology, the need for canon law reform, and bioethical issues, such as the regulation of abortion, genetic screening, and in vitro fertilization in light of the constitutional principle of human dignity. This is the second of two volumes, of which the first, published in 2017, brought together articles in constitutional and political theory. Beside fifteen articles, the volume contains excerpts of the biographical interview that historian and legal scholar Dieter Gosewinkel conducted with Böckenförde in 2009/2010. Introductions and annotations by the editors accompany the text throughout, providing background explanations on the context of German and European politics and history. A comprehensive list of Ernst-Wolfgang Böckenförde’s publications is included in an appendix.

The Great Gamble of the Liberal State

“…11 A first is that 'only religion can guarantee a state-sustaining ethos.' 12 Böckenförde does not deny that religion can play an important role in the culture 'from which the state-sustaining ethos and community spirit grow,' but there are also other sources. He mentions, for example, 'Philosophical, political and social movements.'…”

“…13 Moreover, religion can die off 'as a living force and a power with social efficacy' in which case other foundations and dispositions need to take its place. 14 (Christian) Religion, nevertheless, can only be a source as long as religious citizens 'no longer see this state, in its secularity, as something alien, hostile to their faith, but as a chance for liberty, the preservation and realization of which is also their task.' 15 An orientation towards the common good is crucial.…”

“…14 (Christian) Religion, nevertheless, can only be a source as long as religious citizens 'no longer see this state, in its secularity, as something alien, hostile to their faith, but as a chance for liberty, the preservation and realization of which is also their task.' 15 An orientation towards the common good is crucial. The Dictum, in fact, can be seen as 'a plea to Christians -especially Catholics -to accept the legitimacy of the secular state.'…”