Der moderne Staat, seine Werte und das Christentum
Eine Betrachtung am Rechts- und Sozialstaat
Verfassungsrecht in Forschung und Praxis, Band 145
Hamburg 2019, 194 Seiten
ISBN 978-3-339-11026-8 (Print), ISBN 978-3-339-11027-5 (eBook)
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In Germany there is no consistent separation of state and church. True, the state is held to a religious-ideological neutrality. But in this country, the two major Christian churches enjoy a special position. In order to justify this, not only the churches, but also large parts of politics, literature and jurisprudence have established a theory: It is said that the values of state and society have their roots in Christianity. And because the state could not be indifferent to its own foundations, it should be allowed to promote the churches at will. But the truth of this assertion is far from certain. In fact, a lot of it is arguable. Can the state have its own values? What values can it refer to? It is also questionable to what extent the values of the modern state actually stem from Christianity. For example: How socially exemplary can a religion be that declares the commandment of charity to be the highest principle, but professes openly to slavery? Can we explain the church's inquisition procedure as the pioneer of modern constitutional principles? The prosecution ex officio and the truth-finding in the context of a proof procedure go back to it. And yet this ecclesiastical procedure led to the torture chambers and funeral pyres of the Inquisition. The demonstration of such contradictions creates an understanding that the question of the Christian origin of values can not be answered with yes or no. It also illustrates the difficulty of breaking individual pieces out of the contradictory European history and then idealizing them into a supposed cultural unity.
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