Preface:
The concern about freedom and its realization through law and the state since the publication of my contribution to liberty, law and political science, 1994 "Res publica res populi foundation of a Republic of teaching." , has become more urgent. The economic and political development followed, enhanced by European and global integration, the liberal freedom paradigm, with mankind's liberty principle, as expressed in Article 1 of the Universal Declaration of Human Rights expressed: are free
"All human beings and equal in dignity and rights They are endowed with reason and conscience and should act. in a spirit of brotherhood. "
incompatible. Freedom is the idea of humanity of man, of human dignity. It is for all people equally. People are therefore brothers and sisters and do not divide into masters and servants, rulers and subjects. The unity of freedom, equality and brotherhood is the foundation of the human family. On the idea of equality in the freedom of all law is based, the reality depends on the state of the Republic.
legality of the common life of peace among men, but only the general will than the will of creating law. Any other liability is established aristocratic despotism. The outer freedom is the "independence of any other necessary final arbitrariness" is that they are equal and thus limited by the general public's sake righteousness all trade.
no practical reason as the inner freedom, the law of the categorical imperative, the moral law is, people can and can not humanity to justice . See
This ethic has laid the foundations Kant and elaborated. In Germany, untouchable as evidenced by the paragraph 1 of Article 1 of Article 1 of the Basic Law on Human Dignity and requires all state violence, to respect and protect them.
confesses in paragraph 2 of the lead article of its Constitution Act, the German people therefore inviolable and inalienable human rights as the basis of every community, of peace and justice in the world.
is Accordingly, the Federal Republic of Germany under Article 20 paragraph 1 GG is a democratic and social federal state. According to Article 20 paragraph 2 GG assumes all state power by the people and by the people through elections and Votes exercised and through specific legislative, executive powers and the judiciary. Although these principles as evidenced by Article 79 paragraph 3 GG can not be changed, they are changed by the doctrine of liberal freedoms and the practice in the sector.
This is the free Republic into a grand party state degenerate. Only a republican freedom paradigm is the quoted universal jurisdiction principle. This concept of freedom is formulated in paragraph 1 of Article 2 of the Basic Law:
"Everyone has the right to free development of his personality insofar as he does not violate the rights of others and not against the constitutional order or moral law violation. "
The key to the republican theory of freedom is the neglected concept of moral law. It is the categorical imperative, the humanity 'commandment to love, that Article 1 of the Universal Declaration of Human Rights with the call for brotherhood expresses .
This bid is all people and all nations in common. It committed to morality, for the practical reason, which requires the morality of every person.
Without property, which allows people to make the required independence is, of course, reason not to ensure all sides. Therefore Article 14 paragraph 1 GG is not only a right to property, including and especially the right to property and the social principle of Article 20 paragraph 1 GG committed to a policy of general independence.
The Basic Law drafted a civil state, abandons the people and their communities, the bourgeoisie. To the special happiness of the people, but also includes their freedom for the sake of civility, the privacy of coping with life, as well as privacy is only freedom if they obey the moral law, especially as the ownership-based entrepreneurship.
The German constitutional lawyers keep iron in their great majority, convinced that in the exercise of state power Rule was that fundamental rights must be held against an exercise of freedom. This doctrine compels konstitutiolistischen distinction between state and society, and de-politicized people, which is as a fundamental right of political freedom in teaching and practice denied. After all, some of them know the dualism of liberal and democratic freedom, without of course abandoning the rule of doctrine.
rule is at least since the Enlightenment no longer legitimate. Such liberalism has dogmatize the law as an interference with freedom. He promoted deregulation as freedom growth at the expense of equality, because both values were in a tense relationship. Even the property is understood as a kind of freedom, which must not be evenly distributed.
The political philosophy, however, that the freedom, accepting legal and political theory follows, largely based on Kant, the Republican paradigm of freedom and makes a great contribution to politics, almost a help in the plight of German constitutional law doctrine from the global Kantianism hardly be tempted to philosophical studies.
"freedom in the Republic" will help bring together the lessons from the common life, politics. As a doctrine of freedom is the legal and political theory of practical philosophy, of course, with the aim of binding legal rules to develop.
"Freedom in the Rebuplik" is to some extent the first part of the second edition of "Res publica res populi," reorganized, improved and deepened in many cases in particular. The new books and new editions to the constitutional theory and political philosophy are even more so, if necessary incorporated.
In a second part, as in "Res publica res populi," the Republican legislation, the Republican representative and legislative constitutional jurisdiction in the Republic, but also the freedom of a democracy no less essential question of the media in the Republic and the typical decay phenomenon in the Republic, the party-state discussed be.
"principles of law", 2006, has already implemented the republican freedom, law and political science in a liberal community for the many essential principles of law.
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