Winfried Brugger

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Winfried Brugger

Winfried Brugger (born February 26, 1950 in Tettnang ; † November 13, 2010 in Heidelberg ) was a German legal scholar .

Life

After graduating from the Graf-Zeppelin-Gymnasium in Friedrichshafen in 1968, Brugger studied law, philosophy and sociology from 1968 to 1973 and from 1976 to 1979 at the universities of Munich and Tübingen . He passed his state law exams in 1973 and 1976. From 1976 to 1983 he was a research assistant at the Law Faculty of the University of Tübingen.

In 1980 he received a thesis on Max Weber summa cum laude for Dr. iur. PhD . In 1980 and 1981 he studied law at the University of California at Berkeley and earned a Master of Laws . In 1986, after completing his habilitation, he became a private lecturer in public law and legal philosophy at the University of Tübingen.

Since 1992 he has been a full professor for public law , legal philosophy and general political theory at the University of Heidelberg . In addition, he was often a visiting professor at law faculties in the United States, particularly at Georgetown University . His successor in Heidelberg was Martin Borowski .

Brugger was co-editor of the journal Der Staat and since 2006 chairman of the German section of the International Association for Legal and Social Philosophy (IVR). Brugger was also a member of the German Society for Research into Political Thought (DGEPD).

plant

Winfried Brugger researched and published mainly in the areas of human rights , freedom of expression , communitarianism , Constitutional Law and anthropology , as well as the foundations and limits of the law. In the area of ​​human rights, he analyzed the “ human image of human rights” based on the five elements “independent, meaningful, responsible lifestyle ”, which represent a systematization of the human image formula of the Federal Constitutional Court . When freedom of expression mainly works are about their philosophical foundations in Kant and Mill in the foreground and comparative analyzes on dealing with hate speech , in German terminology hate speech or hate speech. Communitarianism is often described in opposition to liberalism, which, according to Brugger, is a misjudgment that only applies to “conservative communitarianism”, but not to the more interesting and intellectually more attractive “liberal communitarianism”. In numerous works he compared the US Constitution with the Basic Law. The following aspects were central: The US constitution presents the classic model of a democratically oriented organizational constitution with clearly defined boundaries ( Bill of Rights ); the Basic Law stands for their enrichment through state goals and objective basic rights functions and an even more active constitutional jurisdiction. Brugger's work on anthropology focuses on the “anthropological cross of decision”, which arises in all hard cases “difficult cases” (Ronald Dworkin) in personal and political-legal life when different impulses from below (basic needs), above (ideals ), in the back (biography) and in front (purposes, means-end analyzes) press the actor and show him his character as a subject. The cross of the decision can be used analytically and comparatively from the observer's perspective to examine the character structures of people, institutions or texts. However, it can also be used normatively by the actor who is well advised, at least structurally, to consider all four perspectives before making a decision; this also applies to institutional actors. Brugger's theses on so-called rescue torture are extremely controversial . Since 1995 he has been of the opinion that in narrowly defined exceptional situations there could be a conflict between the human dignity of one person (e.g. the kidnapper), which is unreservedly protected in Article 1 of the Basic Law, and the dignity of the other (e.g. the victim) . This makes it necessary to weigh up the dignity of the attacker as an exception to the victim's right to protection from human dignity. In such narrowly defined exceptional cases, it can therefore be justified to torture persons responsible under police law .

Brugger's work had great international impact. Especially the work on his most important scientific finding, the ideal type "anthropological cross of decision", has been translated into numerous languages, including: a. into Chinese, English, Polish, Turkish and Portuguese.

Fonts (selection)

Monographs

  • Liberalism, pluralism, communitarianism. Studies on the legitimation of the Basic Law , Baden-Baden 1999. ISBN 3-7890-6215-4 .
  • The anthropological cross of the decision in politics and law , Baden-Baden, 2nd edition 2008. ISBN 978-3-8329-3697-6 .
  • Freedom and security. A state-theoretical sketch with practical examples , Baden-Baden 2004. ISBN 3-8329-0808-0 .
  • Democracy, freedom, equality. Studies on constitutional law in the USA , Berlin 2002. ISBN 3-428-10827-2 .
  • Introduction to public law in the USA , 2nd edition, Munich 2001. ISBN 3-406-47704-6 .
  • Religion in the Public Sphere: A Comparative Analysis of German, Israeli, American and International Law (edited with Michael Karayanni), Berlin / Heidelberg 2007. ISBN 978-3-540-73355-3 .
  • Legal Philosophy in the 21st Century. Frankfurt a. M .: Suhrkamp, ​​2008 (edited with Ulfrid Neumann and Stephan Kirste ). ISBN 978-3-518-29494-9 .

Essays

  • Concretization of the law and interpretation of the law , in: AöR 119 (1994), p. 1 ff.
  • May the state torture as an exception? , in: Der Staat 35 (1996), pp. 67-97.
  • From the unconditional prohibition of torture to the conditional right to torture? , in: JZ 55 (2000), p. 165 ff.
  • Communitarianism as a constitutional theory of the Basic Law , in: AöR 123 (1998), pp. 337 to 374.
  • The struggle for constitutional justice: 200 years of Marbury v. Madison , in: JuS 2003, p. 320 ff.
  • Communitarianism as the social and legal theory behind the German Constitution , in: I-Con 2 (2004), 431-460.
  • The anthropological cross of decisions in politics and law , in: ZfP 2005, S: 261 ff.
  • On the rationality of communitarianism and its importance for the constitution of Germany and Europe , in: Ralf Elm (Ed.), Reason and Freedom in the Culture of Europe, Freiburg / Munich 2006, p. 383 ff.
  • Protection or prohibition of aggressive speech? Arguments from the liberal and communitarian perspectives , in: Paul van Seters (ed.), Communitarianism in law and society, 2006, 163-200.
  • Variants of the distinction between state and church. From strict separation and distance through mutual accommodation to closeness, support and cooperation , in: AöR 132 (2007), p. 4 ff.
  • Dignity, Rights, and Philosophy of Law within the Anthropological Cross of Decision-Making , in: 9 German Law Journal No. 10 (1 October 2008; www.germanlawjournal.com ).
  • The Treatment of Hate Speech in German Constitutional Law (Parts I and II) , [1] and [2] .
  • Section 186. Anglo-American influence on the development of fundamental rights in Germany , in: Josef Isensee / Paul Kirchhof (ed.): Handbuch des Staatsrechts der Bundes Republik Deutschland, Vol. IX: Allgemeine Grundrechtslehren, CF Müller, Heidelberg, 3rd edition 2011, p. 121 -186.

literature

Web links

Individual evidence

  1. ↑ Four Anthropological Perspectives in Deciding Hard Cases (in Chinese), in: Archives for Legal Philosophy and Sociology of Law / Archive for Legal Philosophy and Legal Sociology, Beijing 2003, pp. 276–308.
  2. ↑ Dignity, Rights and Legal Philosophy within the Anthropological Cross of Decision-Making, in: Winfried Brugger / Stephan Kirste (eds.), Human Dignity as a Foundation of Law, ARSP Beiheft 137, Steiner / Nomos, Stuttgart / Baden-Baden 2013 , Pp. 41-62.
  3. ↑ Krzyz antropologiczny decyzji w polityce i prawie ", in: Politeja, No. 2 (8), Pismo Wydziału Studiów Międzynarodowych i Politycznych Uniwersytetu Jagiellońskiego, Kraków 2007, pp. 7-19.
  4. ↑ Antropolojik Karar Kavşağı'nda Haysiyet, Haklar Ve Hukuk Felsefesi [Dignity, Rights and Legal Philosophy within the Anthropological Cross of Decision-Making], in: Uluslararası Sosyal Araştırmalar Dergisi [The Journal of International Social Research], Volume 2/8, Summer 2009.
  5. ↑ A cruz antropológica da decisão, in: Direito Estado e Sociedade, No. 37 (Jul./Dec. 2010), ed. from Pontifícia Universidade Católica do Rio de Janeiro, pp. 181–192; A Cruz Antropológica da Decisão na Política e no Direito (translation by Ana Paula Barbosa-Fohrmann and Leandro Freire de M. Cavalcante). São Paulo: Saraiva, 2016.
personal data
SURNAME Brugger, Winfried
BRIEF DESCRIPTION German legal scholar
DATE OF BIRTH February 26, 1950
PLACE OF BIRTH Tettnang
DATE OF DEATH November 13, 2010
Place of death Heidelberg