Ernst-Wolfgang Böckenförde
Encyclopedia
Ernst-Wolfgang Böckenförde (born September 19, 1930 in Kassel
) is a German
judge
and legal philosopher
.
as well as in philosophy
. In 1964 he made his postdoctoral habilitation
with his thesis The power of organisation in the purview of the government. A survey on constitutional law
in the Federal Republic of Germany
. Ernst-Wolfgang Böckenförde was a judge in the Federal Constitutional Court of Germany
from 1983 to 1996.
Ernst-Wolfgang Böckenförde served as a member of the second Senate of the Federal Constitutional Court from 1982 until 1996. Into his tenure fall several path-breaking decisions for the Federal Republic of Germany
, including decisions pertaining to the deployment of missiles, to the law of political parties, and to the legal regulation of abortion.
After receiving a Dr. iur. and a Dr. phil., he completed his habilitation in Münster
in 1964. Ernst-Wolfgang Böckenförde has taught as a professor of Public Law, Constitutional History, Legal History, Philosophy of Law at the University of Heidelberg, the University of Bielefeld and the University of Freiburg
.
Böckenförde was a member of the Special Parliamentary Commission of Inquiry on Constitutional Reform. He has received various awards for his academic and public service commitments: Honorary Doctorates from the Faculties of Catholic Theology of Bochum University (1999) and of Tübingen University (2005), from the Law Schools of Bielefeld University
(1999), of the University of Münster
(2001) and of the University of Basel
(1987).
He is most famous for his quote: “The liberal secular state lives on premises that it cannot itself guarantee. On the one hand, it can subsist only if the freedom it consents to its citizens is regulated from within, inside the moral substance of individuals and of a homogeneous society. On the other hand, it is not able to guarantee these forces of inner regulation by itself without renouncing its liberalism.”
He has also received the Reuchlin Award of the City of Pforzheim (1978), the Guardini Award of the Catholic Academy in Bavaria (2004) and the Hannah-Arendt Award for Political Thought (2004).
Kassel
Kassel is a town located on the Fulda River in northern Hesse, Germany. It is the administrative seat of the Kassel Regierungsbezirk and the Kreis of the same name and has approximately 195,000 inhabitants.- History :...
) is a German
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
and legal philosopher
Jurisprudence
Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists , hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions...
.
Life
In 1953 he received a PhD in lawLaw
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
as well as in philosophy
Philosophy
Philosophy is the study of general and fundamental problems, such as those connected with existence, knowledge, values, reason, mind, and language. Philosophy is distinguished from other ways of addressing such problems by its critical, generally systematic approach and its reliance on rational...
. In 1964 he made his postdoctoral habilitation
Habilitation
Habilitation is the highest academic qualification a scholar can achieve by his or her own pursuit in several European and Asian countries. Earned after obtaining a research doctorate, such as a PhD, habilitation requires the candidate to write a professorial thesis based on independent...
with his thesis The power of organisation in the purview of the government. A survey on constitutional law
Constitutional law
Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....
in the Federal Republic of Germany
West Germany
West Germany is the common English, but not official, name for the Federal Republic of Germany or FRG in the period between its creation in May 1949 to German reunification on 3 October 1990....
. Ernst-Wolfgang Böckenförde was a judge in the Federal Constitutional Court of Germany
Federal Constitutional Court of Germany
The Federal Constitutional Court is a special court established by the Grundgesetz, the German basic law...
from 1983 to 1996.
Ernst-Wolfgang Böckenförde served as a member of the second Senate of the Federal Constitutional Court from 1982 until 1996. Into his tenure fall several path-breaking decisions for the Federal Republic of Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
, including decisions pertaining to the deployment of missiles, to the law of political parties, and to the legal regulation of abortion.
After receiving a Dr. iur. and a Dr. phil., he completed his habilitation in Münster
Münster
Münster is an independent city in North Rhine-Westphalia, Germany. It is located in the northern part of the state and is considered to be the cultural centre of the Westphalia region. It is also capital of the local government region Münsterland...
in 1964. Ernst-Wolfgang Böckenförde has taught as a professor of Public Law, Constitutional History, Legal History, Philosophy of Law at the University of Heidelberg, the University of Bielefeld and the University of Freiburg
University of Freiburg
The University of Freiburg , sometimes referred to in English as the Albert Ludwig University of Freiburg, is a public research university located in Freiburg im Breisgau, Baden-Württemberg, Germany.The university was founded in 1457 by the Habsburg dynasty as the...
.
Böckenförde was a member of the Special Parliamentary Commission of Inquiry on Constitutional Reform. He has received various awards for his academic and public service commitments: Honorary Doctorates from the Faculties of Catholic Theology of Bochum University (1999) and of Tübingen University (2005), from the Law Schools of Bielefeld University
Bielefeld University
Bielefeld University is a university in Bielefeld, Germany. Founded in 1969, it is one of the country's newer universities, and considers itself a "reform" university, following a different style of organization and teaching than the established universities...
(1999), of the University of Münster
University of Münster
The University of Münster is a public university located in the city of Münster, North Rhine-Westphalia in Germany. The WWU is part of the Deutsche Forschungsgemeinschaft, a society of Germany's leading research universities...
(2001) and of the University of Basel
University of Basel
The University of Basel is located in Basel, Switzerland, and is considered to be one of leading universities in the country...
(1987).
He is most famous for his quote: “The liberal secular state lives on premises that it cannot itself guarantee. On the one hand, it can subsist only if the freedom it consents to its citizens is regulated from within, inside the moral substance of individuals and of a homogeneous society. On the other hand, it is not able to guarantee these forces of inner regulation by itself without renouncing its liberalism.”
He has also received the Reuchlin Award of the City of Pforzheim (1978), the Guardini Award of the Catholic Academy in Bavaria (2004) and the Hannah-Arendt Award for Political Thought (2004).
Publications
- “Carl Schmitt Revisited”. Telos 109 (Fall 1996). New York: Telos Press.