This module introduces participants to Germany’s post-war democracy. We will explore the following guiding question: Which political institutions enabled democracy to take hold and stabilize in a post-war society with a totalitarian past?
Germany experienced two distinct but intertwined transitions, the transition to democracy after the Nazi dictatorship in the West and after the Communist dictatorship in East Germany (which led to German re-unification). We begin the lecture by outlining which historical legacies West Germany had to deal with after the end of World War II in 1945, and East Germany after the end of communism in 1989/90. We will examine how the country’s historical experience with totalitarianism led to a particular constitutional architecture meant to protect its liberal democracy against potential attacks from within - a “militant democracy”. We take a closer look at the constitutional principles of the German Federal Republic as enacted by article 20 of the German Basic Law, in particular the principles of democracy, rule of law and federalism, and how these principles translate into political institutions. We also identify and discuss potential tensions between the principles of democratic sovereignty and rule of law. Finally, we draw conclusions about the ability of Germany’s political system to respond to current and future challenges.
The European Union is much more than an international organisation. It has competences in its own right and adopts laws, in the form of directives and regulations, which can be directly applicable in the Member States. Anyone trying to understand the German legal order must inevitably be aware of the basic structure of the European Union.
The webinar "Anhtropology of Law" introduces key concepts from legal anthropology, a sub-discipline of anthropology that investigates social and cultural dimensions of law. Taking into account the different geographical origins of the participants, we will discuss the role of law in its various historical, social and cultural aspects beyond the juridical field by drawing from ethnographic case studies. The four central themes of the webinar include law as an instrument of colonial rule and post-colonial governance (1), legally pluralistic contexts in which state law is recognized as only one normative order among others (e.g. customary law or religious law) (2), law as a concept that is part and parcel of social and cultural transformation, exemplified by how collective rights are recognized, in the way indigeneity has acquired new legal importance, and how subjective rights have been expanded to also incorporate non-human entities such as animals or nature (3). Finally, the webinar will introduce a critical perspective on the concept of human rights (4).