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2. What is Societal Self-Empowerment?

  • 2023
  • OriginalPaper
  • Chapter
Published in:
Authors
Peter Kirsch
Hanno Kube
Reimut Zohlnhöfer
Published in
Societal Self-empowerment in Germany
Publisher
Springer Fachmedien Wiesbaden

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Abstract

The chapter sheds light on societal self-empowerment from a legal perspective and structures the subject matter. It is then shown that legal justification grounds (e.g. self-defense, emergency, self-help), fundamental rights (including the right of resistance under Art. 20 para. 4 GG) or also state-philosophical considerations (e.g. Radbruch’s formula) cannot re-integrate self-empowerment into the law, but that the phenomenon falls into the category of civil disobedience. This is illustrated by the examples of the climate school strikes and the disregard for the obligation to wear a mask during the Corona pandemic. Finally, it is discussed how the legal system deals with violations of non-legal conventions.

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previous chapter Societal Self-Empowerment: Concept and Classification
next chapter How Much Societal Self-Empowerment is There?
Title
What is Societal Self-Empowerment?
Authors
Peter Kirsch
Hanno Kube
Reimut Zohlnhöfer
Copyright Year
2023
Book
Societal Self-empowerment in Germany

Print ISBN: 978-3-658-40864-0

Electronic ISBN: 978-3-658-40865-7

Copyright Year: 2023

DOI
https://doi.org/10.1007/978-3-658-40865-7_2
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