Publication details
Kein Grundrecht gilt grenzenlos. Zur Kritik der Abwägungstheorie der Grundrechten.
| Title in English | No fundamental right applies without borders. Criticism of the balancing theory of fundamental rights. |
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| Year of publication | 2022 |
| Type | Appeared in Conference without Proceedings |
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| Citation | |
| Description | In May 2020, a discussion was published in the journal Zeit under the title "No fundamental right applies without limits", which was led by the well-known German philosopher and sociologist Jürgen Habermas together with the German legal theorist Klaus Günther. The situation of the corona pandemic has raised one of the fundamental questions. What counts more when fighting the pandemic: protecting life or freedom? From the point of view of legal philosophy, it is a question of whether the right to life and fundamental rights in general can be weighed up. I will explain the indicated problem in three parts. In the first part I will ask how the concept of life would be understood during the Corona debate. In the second part I will argue that the right to life and the rights to liberty are fundamental rights that cannot be separated and measured. In the third part I try the legal-philosophical arguments against the relativization of basic rights from a pragmatic concept of being human, which is based on social recognition and respect. |
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