Winfried Brugger

Life

After graduating from the Graf-Zeppelin -Gymnasium in Friedrichshafen 1968 Brugger studied from 1968 to 1973 and from 1976 to 1979 as law, philosophy and sociology at the universities of Munich and Tübingen. His legal state he passed in 1973 and 1976. After that, he was from 1976 to 1983 Assistant Professor at the Law Faculty of the University of Tübingen.

In 1980, he was there with a work of Max Weber summa cum laude doctorate in law. doctorate. In the years 1980 and 1981, he then studied law at the University of California at Berkeley and received a Master of Laws. In 1986 he became Associate Professor of Public Law and Legal Philosophy at the University of Tübingen for his habilitation.

Since 1992 he has been Professor of Public Law, Legal Philosophy and General State Administration at the University of Heidelberg. He was also frequently served as a visiting professor at law schools in the U.S., especially at Georgetown University.

Brugger was co-editor of the journal The state and since 2006 President of the German Section of the International Association of Legal and Social Philosophy ( IVR). Furthermore, Brugger was a member of the German Society for the Study of Political thought ( DGEPD ).

Winfried Brugger's final resting place is located at the Heidelberg Bergfriedhof, Department D, Series 1, 310/311, the so-called Professorenweg, next to the German constitutional lawyer Georg Jellinek.

Work

Winfried Brugger has researched and published mainly in the areas of human rights, freedom, communitarianism, comparative constitutional and anthropology, as well as to the foundations and limits of the law. In the area of ​​human rights, he analyzed the "Human Face of Human Rights " on the five elements " independent, meaningful, responsible conduct of life ", which represent a systematization of the human visual formula of the Federal Constitutional Court. When freedom of expression are mainly work on their philosophical foundations of Kant and Mill in the foreground as well as comparative analyzes for dealing with hate speech, incitement or hate speech in German terminology. Communitarianism is often described in opposition to liberalism, which, according to Brugger is a misconception that only applies to the "conservative communitarianism ", but not on the more interesting and intellectually attractive "liberal communitarianism ". In many works, he compared the U.S. Constitution with the Basic Law. Central following aspects: The U.S. Constitution presents the classic model of a democratically oriented organization constitution with clearly defined boundaries (Bill of Rights ); the Basic Law is for their enrichment by state goals and objective fundamental right features and an even more active constitutional jurisdiction. Brugger's work on anthropology are mainly located in the " anthropological cross the decision" which occurs with all hard cases " difficult cases " ( Ronald Dworkin ) results in the personal as political and legal life when different impulses from below ( basic needs ), top ( ideals ), rear ( biography) and front ( purposes, means-end analysis) harass the player and run it of its character as a subject in mind. The cross of the decision can be used analytically and comparatively from the observer perspective to examine character structures of people, institutions or texts. It can also be normative, used by the actor who is well advised, at least structurally to consider all four perspectives, before he makes a decision; which also applies to institutional actors. Highly controversial theses Brugger are the so-called rescue torture. He represented since 1995 the view that also in Article 1 of the Basic Law guaranteed unrestricted right to respect and protect human dignity of an assessment was capable and in need and that it may be justified in certain hazardous situations to torture police legally responsible persons.

Writings (selection )

Monographs

  • Liberalism, pluralism, communitarianism. Studies on the legitimacy of the Basic Law, Baden -Baden 1999. ISBN 3-7890-6215-4
  • The anthropological cross 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 the constitutional law of the United States, Berlin, 2002. ISBN 3-428-10827-2
  • Introduction to Public Law of the United States, 2nd edition, Munich 2001. ISBN 3-406-47704-6
  • Religion in the Public Sphere: A Comparative Analysis of German, Israeli, American and International Law ( co-edited with Michael Karayanni ), Berlin / Heidelberg 2007, ISBN 978-3-540-73355-3.
  • Legal Philosophy in the 21st century. Frankfurt aM: Suhrkamp, ​​2008 ( co-edited with Ulfrid Neumann and Stephan Kirste ). ISBN 978-3-518-29494-9.

Papers

  • Concretization of law and interpretation of the laws, in: ipc 119 (1994), pp. 1 ff
  • Can torture, the state of exception, in: The State 35 (1996 ), pp. 67-97
  • From the absolute prohibition of torture on the conditional right to torture, in: JZ 55 (2000 ), pp. 165 ff
  • Communitarianism as a constitutional theory of the Basic Law, in: ipc 123 (1998), pp. 337 to 374
  • Communitarianism as the social and legal theory behind the German Constitution, in: I- Con 2 (2004), 431-460
  • The anthropological cross the decisions in politics and law, in: NDT 2005, S: 261 et seq
  • For 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, pp. 383 ff
  • Protection or prohibition of aggressive speech? Argument 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 on mutual concession up to close, support and co-operation, in: ipc 132 (2007), pp. 4 ff
  • Dignity, Rights, and Philosophy of Law within the Anthropological Cross of Decision-Making, in: German Law Journal No. 9. 10 (1 October 2008), www.germanlawjournal.com.
  • The Treatment of Hate Speech in German Constitutional Law (Parts I and II ), and.
  • § 186 Anglo American influence on the development of fundamental rights in Germany, in: Josef Isensee / Kirchhof Paul (ed. ): Handbook of the constitutional law of the Federal Republic of Germany, Vol IX: General legal doctrines, CF Müller, Heidelberg, 3rd Edition 2011, p 121-186.
1950 November 13 2010 Federal Constitutional Court of Germany United States Bill of Rights Integrated Authority File
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