Quirk, P. T. (2018). The undefined remains unprotected: Tensions between conscience and the Law in Germany by way of Joseph Isensee. Tulane Journal of International and Comparative Law, 27(1), 55-92.
[Extract] Most English-speaking lawyers are unfamiliar with the work of Joseph Isensee,1 an eminent jurist and sometime contender with Jürgen Habermas,2 as well as a leading writer on the law of the German Constitution. Isensee's Handbook of German Constitutional Law has been a leading text for many years,3 and his various interventions over time have lead to a number of significant awards, including the Ring of Honour of the Görres-Gesellschaft in 2013.4
The aim of this Article is to translate and comment upon some of Isensee's work and the arguments surrounding conscience protection under the German Basic Law (Grundgesetz).
Thomas More Law School
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