Otto Depenheuer

Depenheuer Otto ( born 1953 in Cologne) is a German legal scholar. He is a professor at the Faculty of Law of the University of Cologne and organist at St. Elizabeth's Church in Bonn.

About the person

Otto Depenheuer went to Cologne and Bad Homburg to school and made 1973 a high school, then he completed his military service at the 5th Sanitätsbatallion in Rennerod. This was followed by the study of law at the University of Bonn, the first legal state examination in 1979 and the second state examination in 1983.

From 1979 to 1981 he worked as an editorial assistant for Kurt Jeserich, his internship he completed in the district of the Higher Regional Court of Cologne. From 1980 he also worked at the Department of Public Law of Josef Isensee and his PhD in 1985 on State funding and planning in the hospital sector. In 1988 the wording as a border. Theses on a topos of constitutional interpretation. In 1991 he completed his habilitation thesis solidarity in the Constitutional State. Foundation of a normative theory from the distribution, which was funded by the German Research Foundation. She appeared only in 2007, almost 20 years later, as the Books on Demand publishing. Already during the habilitation procedure Depenheuer been criticized for it right basic concepts and thought patterns Operating the up and right spectrum with the work at the same time let play a justification - a criticism as it then quite similar continued on the published also in 2007 monograph self-assertion of the rule of law ( see below), which recommended Wolfgang Schäuble during his time as Minister of the Interior for reading.

In 1993 he first took over the Chair of Public Law and Legal Philosophy at the University of Mannheim by Gerd Roell corner where he held the position of Dean of the Law Faculty in the winter semester 1996/1997 and summer semester 1997. In 1999 he accepted a position at the Department of General Theory of the State, public law and legal philosophy and became director of the Department of Philosophy of the State and Law and Politics at the University of Cologne, which had previously been run by Martin Kriele. In Cologne Depenheuer is Vertrauensdozent the Konrad Adenauer Foundation.

Jurisprudential activities

The teaching and research interests of Depenheuer focus on state theory and constitutional law, law and political philosophy, legal theory and constitutional history, and the analysis of current legal basic political questions. In the center of his scientific work are working to property law, security law and to the structural conditions of social security.

Depenheuer is Vice President of the Gorres Society and Chairman of the Scientific Advisory Board of the German Foundation property and a member of the Board of Trustees of the Society of Legal Policy, the Scientific Advisory Board of the Essenes and discussions of the Board of the Institute for Historical Anthropology.

He is the editor of the Library of ownership, co-editor of the law and State Scientific Publications of the Gorres Society, the state church legal treatises, the German - Turkish Forum for constitutional theory and the Schönburger calls.

Law Faculty positions

Integrity and protection of property as a fundamental bastion for freedom against all forms of legal marginalization, political questioning is one of the main concerns Depenheuers ( property library).

Since his dissertation on the State Planning and financing of hospitals in Depenheuer advocates a more oriented to the citizens of autonomy and self- organization of health security.

Depenheuer addressed since his habilitation thesis again and again the structural preconditions for social justice ( solidarity in the liberal constitutional state ). These in need in all its manifestations more than good will and fair morality, but based on legal decisions that have to be named openly and democratically legitimized ( Not all people are brothers ).

A great sensation has caught with his writing published in 2007 self-assertion of the rule of law Depenheuer. In light of the decision of the Federal Constitutional Court on the Aviation Security Act, he argues for a taboo-free reflection on the basics of successful liberal- democratic rule in the age of the terrorist threat. He objects to the fact decided to demonize the necessities of state self-assertion a priori or to have done this on Democratic lawmakers and public opinion over subcutaneously. What freedom to accept losses in a free society for their self-assertion is ready or her choice to their constitutional integrity for the sake of self-sacrifice, must be decided in open discourse. In particular, this position is highly controversial in politics, science and media.

Depenheuers opponents accuse him of a particular " pleasure of emergency " and the reference to Carl Schmitt. His critics also raise his understanding of the state, which would thus be against the Enlightenment understanding of law, than the fact the State gives more value than the individual citizen. Depenheuer thinks that there is a duty of the citizen, to sacrifice for the community (so-called civil victims). This, he writes, for example, if he complains: "Modern welfare societies can not specify reasons for its citizens to sacrifice their lives rather than individual pursuit of happines for abstract ideals. " Or asks: "In a (...) tragic decision situation, the law-abiding citizens find his dignity only in the fact that up to the sacrifice of his life he subordinates his interests to the interests of others or the common good. "

Also inaccurate source work is being accused of. So he accepted versions of the Federal Constitutional Court and the anthropologist René Girard out of context in order to make them useful for his argument. Latter he quote for example clearly contrary to his intention in The Citizens' victims in law (p. 60).

Again and again circling Depenheuers writings about the role of rational reason in legal discourse. The idea of ​​the state as an expression of modern rationalism, the styling of the individual starting state and the Constitution on the drawing board of reason, in need of reason for the sake of relativizing skepticism. In humor, man of the impositions of rationality recover; and the more intense the rational impositions, the stronger the desire for compensating humor. Depenheuer advocates a Inkonsequentialismus: " it may be reasonable not to be sensible to the last. " The liberal constitutional state due to legal embossing he referred to as a state that is the reason boundaries to be the rights of the people's needs: he is the state form of freedom, tolerance and distance, the skeptical pragmatism rather than rational perfectionism of relativism against ideological absolutism, the informal coterie against totalitarianism.

Depenheuer finally discusses the role of the Christian national churches in the era of decreasing religious ties, the de-Christianization of society, whilst the establishment of the Islamic faiths. In particular, he warns of a self- secularization of the churches and advocates that they invest their strength in the proclamation of their religious message, rather than to marginalize by participating in the general political discourse to an association among federations themselves.

Artistic CV

His church music education in the Diocese of Limburg (B Exam ) followed by further organ studies until 1973 Rosalinde Haas in Frankfurt am Main, until 1976 when André Fleury and Jean Langlais in Paris. In the class of Marie -Louise Langlais - Jacquet he acquired in 1986, the Diplôme de Concert at the Schola Cantorum in Paris. Since 1975, he regularly worked at the Bonner Münster Basilica and at St. Elizabeth's Church in Bonn. This was followed by more than 300 concerts at home and abroad ( and others in Notre- Dame de Paris, Saint Clotilde (Paris), the Dormition church (Jerusalem ), St. John the Evangelist (New York City ), the Stimson Memorial Chapel ( Singapore), the Christ Church in Mannheim, the Market Church in Halle an der Saale, St. Leonhard in Frankfurt am Main, but especially in the Bonner Münster Basilica and the St. Elizabeth's Church ) and radio recordings for the Southwest Radio. These are in particular the cyclical performance of the complete organ works by Charles -Marie Widor in the winter of 1982/ 83 and the liturgical and concert overall performance of the organ L' Orgue Mystique cycle by Charles Tournemire 1996-1999.

Works

As the author

  • The text as a border. Theses on a topos of constitutional interpretation, publisher of Decker & Müller, Heidelberg, 1988, ISBN 3-8226-3388-7 ( Heidelberg Forum, Vol 56).
  • Solidarity in the Constitution State. Outlines of a normative theory of distribution, University of Bonn in 1991. Reprint 2009, Books on Demand, Norderstedt, ISBN 978-3-8391-0751-5.
  • Politics and money. Untimely Meditations on party funding, Verlag Dr. Otto Schmidt, Köln 2001, ISBN 3-504-65011-7 (series of Cologne Legal Society, Vol 26).
  • Self-representation in politics. Studies on public claim of democracy, publishing Ferdinand Schöningh, Paderborn 2002, ISBN 3-506-73405-9.
  • Taboo and law, West German Verlag, Wiesbaden 2003, ISBN 3-531-14065-5.
  • Property. Idea of ​​order, status, developments, Springer -Verlag, Berlin 2004, ISBN 3-540-23355-5.
  • Law and lie, LIT Verlag, Münster 2005, ISBN 3-8258-8614- X.
  • State and beauty. Possibility and prospects Staatskalokagathie, Publisher of Social Sciences, Wiesbaden 2005, ISBN 3-531-14768-4.
  • Self-assertion of the rule of law, publishing Ferdinand Schöningh, Paderborn 2007, ISBN 978-3-506-75743-2.
  • Integration by Constitution? For identity concept of constitutional patriotism, in: John C. Papalekas (ed.): National identity in the cultural tension. Nation, Constitution, migration, Signum -Verlag, Vienna 1995, ISBN 3-85436-189-0, pp. 43-53.
  • Citizen responsibility in the democratic constitutional state, in: VVDStRL, Vol 55 (1996 ), ISBN 3-11-015221-5, pp. 90-127.
  • The constitutional defense mission of the Bundeswehr. Fundamental questions of foreign deployment of German armed forces, in: DVBl. 1997, pp. 685-688.
  • Truth or peace? The fundamentalist challenge of the modern state, in: Fundamentalism as a challenge of state, church and society, Aschendorff Verlag, 1999, ISBN 3-402-04364-5 ( Essen talks about church and state, vol 33 ), pp. 5-35.
  • Between state sovereignty and human rights. Fundamental questions of state immigration policy, in: Mahulena Hofmann, Herbert Küpper (Ed.): continuity and new beginnings, State and Law in Europe at the beginning of the 21st century, in honor of Georg Brunner, Nomos Verlag, Baden -Baden 2001, ISBN 3-7890 - 7262-1, pp. 46-61.
  • Fundamental rights and conservatism, in: Detlef Merten, Hans -Jürgen Papier (eds. ): Handbook of fundamental rights in Germany and Europe, Volume 1, Müller Verlag, Heidelberg 2004, ISBN 3- 8114-3330 -X, § 11, pp. 441-476.
  • The public official, in: Josef Isensee, Paul Kirchhof (eds. ): Handbook of constitutional law of the Federal Republic of Germany, Vol 3, Müller Verlag, Heidelberg, 3rd edition 2005, ISBN 3-8114-3302-4, § 36, S. 87-130.
  • Policy from a Christian responsibility. State Philosophical Considerations, in: Dieter Althaus et al (eds): courage, hope, confidence. Festschrift for Bernhard Vogel, Verlag Ferdinand Schöningh, Paderborn 2007, ISBN 978-3-506-76481-2, pp. 27-38.
  • The citizens victims of law, trans. (Ed.): State of the Word - Festschrift for Josef Isensee, CF Müller, Heidelberg 2007, ISBN 3-8114-5362-9, pp. 43-60.
  • Stroke of genius " defensive democracy ". A sixty year history of success, in: The Political Opinion 460 (2008), pp. 15-18.

As editor

Since 1989 Depenheuer is also editor of numerous organ expenses, including the complete organ works by Camille Saint- Saens and the Complete Organ Sonatas of Gustav Merkel. Recently, he also submitted organ arrangements of instrumental works, and others, Ottorino Respighi ( Antiche Danze e aria ), Gabriel Fauré (currently 2 volumes), Théodore Dubois and Charles -Marie Widor.

Overview of the Butz -Verlag, Bonn, published issues:

  • Antoine- Édouard Batiste: Offertory and Elevations. In 1988.
  • Ludwig van Beethoven: Marche religieuse des Ruines d' Athènes fragment du final de la Symphonie en ut mineur ( for organ edited by Édouard Batiste ).
  • Marco Enrico Bossi: Second Organ Sonata, op 71 compositions for organ, Op 118
  • Moritz Brosig: Organ Works ( 3 vols )
  • Joseph Callaerts: 15 Improvisations, Op 1
  • Filippo Capocci: Fantasia on the Gregorian hymn " Veni Creator Spiritus "; 1st and 2nd Organ Sonata.
  • Fernand de La Tombelle: Organ Works ( 2 vols )
  • Théodore Dubois: Organ Works. Original works and transcriptions; Dix Pièces ( 10 pieces ); 7 pieces; Four major organ works.
  • Antonín Dvořák: Organ Works
  • Gabriel Fauré: Organ Transcriptions.
  • César Franck: L' Organists ( Vol. 2 )
  • Jules Grison: Organ Works (vol. 1-4)
  • George Frideric Handel: Organ Album (Vol. 1-3)
  • Adolf Friedrich Hesse: Organ Works (vol. 1-2)
  • Louis Lefébure - Wely: Organ Works; 6 Offertoires op, 35
  • Jacques -Nicolas Lemmens: Organ Works (vol. 1-4)
  • Alphonse Mailly: Organ Works ( 2 vols )
  • Otto Malling, "Christ ", 12 impressions for the organ
  • Otto Malling: The Seven Last Words of Christ on the cross ( moods ), op 81
  • Gustav Adolf Merkel: Organ Sonatas 1-9
  • Franz Josef Mompour: Sinfonia in D minor
  • Vincenzo Petrali: Organ Works
  • Camille Saint- Saëns: The complete organ works (Vol. 1-6 ).
  • Camille Saint- Saëns: Mass for soloists, chorus, orchestra and two organs op 4 for soloists, chorus and organ set up
  • Charles -Marie Widor: Six Pièces ( duo )
Literary topos Deutsche Forschungsgemeinschaft Gerd Roellecke Dean (education) Roman Catholic Diocese of Limburg Dormition Abbey Charles-Marie Widor Camille Saint-Saëns Jacques-Nicolas Lemmens Name Authority File
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