{"title":"Religious Freedom and the Ethos of Democracy in Ernst-Wolfgang Böckenförde","authors":"Michele Nicoletti","doi":"10.1017/jlr.2022.41","DOIUrl":null,"url":null,"abstract":"Abstract According to Böckenförde’s interpretation in his famous essay “The Rise of the State as a Process of Secularization” (1967), in the formation of modern statehood religious freedom and, more generally, freedom of conscience played a central role. It was “for love of such freedom” that the modern state set inviolable limits on the exercise of its own coercive force vis-à-vis citizens relying on its protection. Nobody may be forced through the coercive tools of political power to hold true something that they do not believe. This dynamic of freedom is further taken up in Böckenförde’s analysis of church history and theological traditions, as this essay demonstrates. The conception of religious freedom as a right of the human person, contained in the Second Vatican Council declaration Dignitatis Humanae, is a real “Copernican turn.” It represents a true revolution in Catholic interpretation of democracy, public ethos, and natural law, which aims at reconciling modern freedom, democracy, and religion through a revised doctrine of the common good.","PeriodicalId":44042,"journal":{"name":"Journal of Law and Religion","volume":"74 1","pages":"508 - 518"},"PeriodicalIF":0.6000,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Law and Religion","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1017/jlr.2022.41","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"0","JCRName":"RELIGION","Score":null,"Total":0}
引用次数: 1
Abstract
Abstract According to Böckenförde’s interpretation in his famous essay “The Rise of the State as a Process of Secularization” (1967), in the formation of modern statehood religious freedom and, more generally, freedom of conscience played a central role. It was “for love of such freedom” that the modern state set inviolable limits on the exercise of its own coercive force vis-à-vis citizens relying on its protection. Nobody may be forced through the coercive tools of political power to hold true something that they do not believe. This dynamic of freedom is further taken up in Böckenförde’s analysis of church history and theological traditions, as this essay demonstrates. The conception of religious freedom as a right of the human person, contained in the Second Vatican Council declaration Dignitatis Humanae, is a real “Copernican turn.” It represents a true revolution in Catholic interpretation of democracy, public ethos, and natural law, which aims at reconciling modern freedom, democracy, and religion through a revised doctrine of the common good.
期刊介绍:
The Journal of Law and Religion publishes cutting-edge research on religion, human rights, and religious freedom; religion-state relations; religious sources and dimensions of public, private, penal, and procedural law; religious legal systems and their place in secular law; theological jurisprudence; political theology; legal and religious ethics; and more. The Journal provides a distinguished forum for deep dialogue among Buddhist, Confucian, Christian, Hindu, Indigenous, Jewish, Muslim, and other faith traditions about fundamental questions of law, society, and politics.