Citation

van den Daele W. Archiv fur Rechts- und Sozialphilosophie 2020; 106(3): 317-352.

Copyright

(Copyright © 2020)

DOI

10.25162/arsp-2020-0015

PMID

unavailable

Abstract

Christian theology conceives of 'sacrificium intellectus' to account for the message of Saint Paul that he will "take every thought captive to obey Christ" (2 Corinthians 10:5). Human insight gives way to the revealed truths of religion. In modern western cultures to explain the natural world has become the domain of science, and the imposition of collective rules of how we should live was shifted to democratically elected parliaments. In Germany legislation of bioethical issues is often justified with reasons that violate standards of cognitive rationality. Is this another case of sacrificium intellectus? The Federal Constitutional Court refrains from the control of legislative arguments by conceding a broad margin of appreciation for the legislator. People have, however, a right to justification; they must not be subjected to arbitrary legal power. While the practice of democratic rule may seldom comply with the expectations of 'government by discussion', it is neither likely to gain acceptance as 'government without discussion'. To impose legal force on the basis of false arguments and unsound reasoning is not a legitimate sacrificium intellectus, it is an intellectual scandal. © 2020 FRANZ STEINER VERLAG GMBH. All rights reserved.

Language: de

Keywords

Bioethics; Ban on assisted suicide; Government by discussion; Margin of appreciation‚ judicial constraint; Right to justification; Sacrificium intellectus