Recht und Rechtsbegründung in christlicher Verantwortung

Zeitschrift Für Evangelische Ethik 40 (1):276-294 (1996)
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Abstract

To answer the question about the Christian foundation of the law, we first have to look for the foundation of the law in general. The reason why we follow the law voluntarily is not the law and its legal sanctions, but our religion or philosophy of life. »Grundwerte« or human rights offer no alternative foundation. Either they are part of the law - and not its foundation, or they are a particular philosophy of life beside others. The law of a pluralistic state that guarantees freedom of religion and belief, and, consequently, is religiously and ideologically neutral, cannot be based on a particular philosophy of life, religion, or denomination. Thus, this law has to be »right« in the eyes of every religious community living in this state. It is, therefore, not a Christian law with respect to its foundation, but the Christians have been leaving their mark on its contents.

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