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Religious Arguments in Legal and Juridical Discourse

Modern pluralistic societies are characterised by citizens of different religious backgrounds and affiliations, that influence their political attitudes and decisions. This especially holds true on vividly debated ethical questions as, for example, the regulation of medical and bio-technological issues or the question of solidarity within a welfare state. At the same time, the political influence of religious groups as well as of religious creeds challenge the constitutional state that emphasises its neutrality in matters of religion and world-views. Given this situation, this project explored selected areas of regulation and whether religious reasonings and arguments are part of juridical discussions or not. Furthermore, the ways of how religious arguments were applied and/or limited within the jurdical process were explored. 

Duration

2012 - 2013

Funded by

Publication

  • Hörnle, Tatjana, and Stefan Huster. "Wie weit reicht das Erziehungsrecht der Eltern? Am Beispiel der Beschneidung von Jungen." Juristenzeitung (JZ) 68 (2013): 328-339.

Project leader