Decisions made so far by the Federal Constitutional Court of Germany have always been characterized by their writing and content, even down to details, precision, accuracy, professional legal style of writing, always clear in the elaboration and adjudication of cases from its competence, but surprisingly, in our country, only a few have paid attention to the German Court in a scientific context, which can be seen from the only few materials we possess in the Albanian language. The purpose (...) of this paper is to provide an overview of this Court, so that the comparative aspects can be made, highlighting its advantages and disadvantages, in case of dictating the state need for reform of the Constitutional Courts. Those who have institutionalized this constitutional institution know its value in the system of constitutional justice, which performs it in terms of protection of constitutions, its principles and value, and most importantly in the protection of freedoms and rights of human beings and citizens. The Federal Constitutional Court of Germany, to this date, has conveyed the efficiency of the protection of the German legal order, the serious approach and law interpretation, for the protection of freedoms and human rights, which ranks this court into a high level among all other powers in the German law system. The author, in the following paper, gives an overview of this Court starting with its history, organization and functioning, which today undoubtedly constitutes one of the most important constitutional courts in the world. (shrink)

Eduard Seidler sets his discussion of the teaching of medical ethics in the Federal Republic of Germany against an historical background. Immediately after the Second World War the freshness of the memory of the 'Nuremberg Medical Trials' influenced the way in which moral dilemmas were treated in Germany. At the present time no systematic instruction in medical ethics is provided in either undergraduate or postgraduate or continuing medical education. As a result of this, an inquiry was (...) set up in 1977/78. Questionnaires were sent out with a view to collecting information on how subjects referring to medical ethics are treated during medical training. The inquiry showed that no special discipline can claim to be the only competent one for medical ethics, but that everyone has something to contribute. Dr Seidler concludes by stating that basic curricula related to the problems of medical ethics would have to be developed and should be carried on continuously within the training programme. (shrink)

This review essay seeks to direct attention to intellectual history as a new and flourishing subfield in the historiography of post-1945 Germany. The essay probes and critically interrogates some of the basic arguments of Dirk Moses' prize-winning monograph German Intellectuals and the Nazi Past. It does so by engaging with a series of German-language monographs on key intellectuals of the postwar period or groups of intellectuals that have appeared during the last few years. The essay also includes two (...) books that focus on intellectual transfers from and to the United States and hence transcend the purely national framework. The essay highlights some broader themes such as West German intellectuals' confrontation with the Nazi past and with the memory of Germany's failed experiment with democracy during the interwar Weimar Republic. It also discusses the significance of the West German student movement in the 1960s for West German intellectual history. The essay concludes with some broader reflections on writing intellectual history of the postwar period, and it points to some avenues for further research. It underlines the significance of intellectual debates—and hence of intellectual history—for charting and explaining the process of postwar democratization and liberalization in the Federal Republic of Germany. (shrink)

The development of the philosophy of medicine in the Federal Republic of Germany since 1945 is presented in a thematic form. The first two decades were characterized by the evolution of an anthropological school of thought that aimed at relating physician and patient in a more personal and existential form than had hitherto been the case. In the last years, this tendency to demand deeper psychic and broader social involvement with medical problems had increased. Somatic disorders were (...) considered to be fundamentally caused by socially induced mental stress. After a brief period during which the theme of organisms in general and phenomenologically grasped living-body of human beings in particular were discussed, there followed since the mid-seventies an essential preoccupation with the methodology and epistemology of medicine. According to this trend, medicine is to be analyzed in terms of the theory of action, with its conceptual and strategic orientation towards practice and not, as generally believed, towards the standards of scientific truth. The concepts of disease, diagnosis and therapy are therefore relative and their validity is dependent on time, persons and circumstances involved. Thus, the highest criteria of utility for medical actions cannot but be the affected patient and society. (shrink)

This paper is a historical, legal and philosophical analysis of the concept of human dignity in German and Kenyan constitutional law. We base our analysis on decisions of the Federal Constitutional Court of Germany, in particular its take on life imprisonment and its 2006 decision concerning the shooting of hijacked airplanes, and on a close reading of the Constitution of Kenya. We also present a dialogue between us in which we offer some critical remarks on the concept of (...) human dignity in the two constitutions, each one of us from his own philosophical perspective. (shrink)

This paper reports on recent regulations and guidelines in the Federal Republic of Germany bearing on perinatal medical ethics, embryo research and trophoblast biopsy. Some of the regulations are defensive responses to new moral opportunities. In contrast, this paper calls for a more aggressive moral cost-benefit assessment of high technology medicine, which would include large-scale research on embryos prior to the fiftieth day post-menstruation. Keywords: abortion, embryo research, moral triage, prenatal diagnosis, withholding treatment CiteULike Connotea Del.icio.us What's (...) this? (shrink)

The invention of the laser in 1960 and the innovation process of laser technology during the following years coincided with the dramatic increase of the East-West-conflict during the 1960s – the peak of the so-called Cold War after the erection of the Berlin Wall in 1961. The predictable features of the new device, not only for experimental sciences, but also for technical and military applications, led instantly to a laser hype all over the world. Military funding and research played a (...) major part in this development. Especially in the United States military laser research and development played an important role in the formation of Cold War sciences. The European allies followed this example to a certain degree, but their specific national environments led to quite different solutions and results. This article describes and analyzes the special features and background of this development for the Federal Republic of Germany in the area of conflict between science, politics and industry from 1960 to the early 1970s. (shrink)

History of medicine is taught in West Germany as part of the standard course offerings for medical students and is well represented at many universities. But history of science and technology unfortunately still lacks any adequate supporting system and accordingly barely continues to survive at a few institutions of the Federal Republic. Although history of medicine serves a different function than history of science and technology, closer cooperation between these groups is possible and greatly desired for the (...) future. (shrink)

For eight years Medical Psychology has been an integral part of medical pre-examination as well as of research and teaching in the Federal Republic of Germany, and a great deal of psychological knowledge is taught to the medical student under this heading. Besides mere theory the medical student is supposed to acquire behavior based on psychological findings which will be important to him in medical practice. Nevertheless, students often complain that teaching is too far from reality, due (...) to the fact that Medical Psychology is part of the first, more theoretical, period of medical eduction, even though one of the main objects of this new field is the analysis of the interaction between patient and physician. (shrink)

(1996). The concept of Carolingian Europe in the foreign policy of the Federal Republic of Germany. The European Legacy: Vol. 1, Fourth International Conference of the International Society for the study of European Ideas, pp. 727-733.

In recent years, students of science policy in the Federal Republic of Germany have looked with increasing interest to the innovations of the 1960s. Key concepts such as democratization, participation, and planning mark the political and socio-cultural discourse of the time. For over two decades, the Studiengruppe für Systemforschung (Study Group for Systems Research – SfS) in Heidelberg gave a fresh impetus to policy advice. This essay continues our reflections on its history, traces its origins and development, (...) and reflects on its achievements. (shrink)

Post–World War II developments concerning citizenship and access as one of the dimensions of citizenship are examined through the prism of noncitizenship and rights, using the drafting of the asylum paragraph of the 1949 Grundgesetz of the Federal Republic of Germany as a specific case study. The aim of this article is to look into the creation of the right to asylum in West Germany, to examine its political history by exploring its development and by searching (...) for its conceptual, political, and rhetorical origins. The article investigates the birth of the unique conceptualization of asylum in the debates of the Parliamentary Council, the constitutional and quasi-parliamentary assembly responsible for the writing of the postwar Basic Law, and examines the political choices, motivations, and compromises behind its creation. To connect the matter of asylum to a wider problematic related to noncitizens and rights, the article benefits from the political philosophy of Hannah Arendt, with reference to her writings on human rights and refugees in the immediate post–World War II period. (shrink)

Environmental Education is broadly discussed in the Federal Republic of Germany. The different conceptions may be classified as the cognitive, the emotive, the cognitive-experiential and the system-critical model. In the article, the role of institutions in the educational system, dealing with EE, is described. Current activities in empirical research work and some findings on EE in German schools are reported.

Biomedical ethics in the FRG is still in an embryonic stage. The Hippocratic tradition of paternalism is still dominant, general debates on Weltanschauungen have not yet been replaced by case-study methods and other means of resolving conflicts more effectively in pluralistic societies. Issues such as IVF and embryo research are predominantly treated in legal rather than in moral terms. Some new developments in moral assessment of prenatal care and care of the dying are reported. Allocational disputes over the future of (...) welfare-state health care systems are likely to continue without any major moral or political decision being reached. (shrink)

This article traces the history of interdisciplinarity as a contemporary form of thought and of producing knowledge in the Federal Republic of Germany from 1955 to 1975. It establishes that concepts of interdisciplinary research and teaching circulated in diverse fields of knowledge and modes of articulation, and evaluates the transformations that interdisciplinarity underwent along the way. After detailing the process by which the adjective “interdisciplinary” first came into usage in scientific publications in the late 1950s, this article (...) discusses how interdisciplinary research and teaching began to feature in debates about university reforms and the founding of new universities in the 1960s. The article then draws on the examples of Bochum, Konstanz, and Bielefeld to illustrate how debates about disciplinary specialization and interdisciplinary connections unfolded in visual modes of expression such as diagrams or sketches. In a last step, the article examines how visual and textual reflections connected interdisciplinarity to the architecture of envisioned universities, and hence related this time-specific form of thought and knowledge production to the material environments of future research and teaching. (shrink)

The paper presents an overview of political and professional committees in the Federal Republic of Germany dealing with issues of biomedical ethics. The prevailing tendencies of paternalistic atittudes, the worst-casescenario argumentation method, and the unfortunate practice of applying general principles rather than mid-level principles in the assessment of concrete challenges in treatment and regulation are analyzed. Keywords: conflict, control, consent, commission design, paternalism, political ethics, regulation, self-regulation CiteULike Connotea Del.icio.us What's this?

The article outlines the development and most important features of the religious constitutional law of the Federal Republic of Germany, as constituted in the Grundgesetz and the decisions of the Federal Constitutional Court. Under the basic principle of neutrality, it constitutes a system of separation with single aspects of cooperation of the state and religious communities. It is also a system of wide freedom and of kindness to religion. Non-religious worldviews are explicitly equated for individuals (...) as well as for religious and non-religious associations. This system is in theory exemplary, but holed by contradictory laws, church-state-treaties and one-sided financial subventions in a huge dimension. The indirect influence of the large Christian churches is remarkable. Christian institutions dominate the social services – with unpleasing consequences for over 1 million employees, who are subject to a special employment law. Meanwhile, low-level discrimination of small religious communities continues. (shrink)

In this paper I take up aspects of the origins of the Constitutional Court of the Federal Republic of Germany, with special attention to the reasons for the aggregation of power and to the question of how far constitutional court models from abroad played a role in the development of the Court. Where the beginnings of the Federal Constitutional Court are concerned, the German tradition and the experience with the lawless regime of the national socialists played (...) a fundamental role. To a certain degree the Austrian model and to a lesser degree that of the United States figured in the deliberations of Germany's post‐War constitutional framers, too. (shrink)