2018•Kirche und RechtRequires access

What is truth? – A matter of constitution

Anna Leisner-Egensperger

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Abstract

Finding truth in constitutional law arises from truth in faith, truth in knowledge and in general from searching for truth. Religious freedom which is guaranteed by the constitution shall protect the subjective truth of each individual; whereas state-church law respects faith as perception of truth but established in an organised form. It is in procedural law’s responsibility to take care that decision-making foundations are substantively correct by the time of judgement. Hence, the state is not the greatest initiate, it is just the guardian of the order. Searching for truth must be financially supported by the state without safeguarding insights, which apparently seemed irrefutable, with sanctions or compulsory measures. The state does not know the truth, it cannot obtain the truth’s content by force. It is basically bound by the truth in a subjective manner, provided by individuals living in its community. The state is not allowed to create an objective truth. The article available is based on the opening lecture given by the author at an annual conference of the association “Christ und Jurist”.

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What this paper is about

Finding truth in constitutional law arises from truth in faith, truth in knowledge and in general from searching for truth. Religious freedom which is guaranteed by the constitution shall protect the subjective truth of each individual; whereas state-church law respects faith as perception of truth but established in an organised form. It is in procedural law’s responsibility to take care that decision-making foundations are substantively correct by the time of judgement. Hence, the state is not the greatest initiate, it is just the guardian of the order. Searching for truth must be financially supported by the state without safeguarding insights, which apparently seemed irrefutable, with sanctions or compulsory measures. The state does not know the truth, it cannot obtain the truth’s content by force. It is basically bound by the truth in a subjective manner, provided by individuals living in its community. The state is not allowed to create an objective truth. The article available is based on the opening lecture given by the author at an annual conference of the association “Christ und Jurist”.

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Available abstract

Finding truth in constitutional law arises from truth in faith, truth in knowledge and in general from searching for truth. Religious freedom which is guaranteed by the constitution shall protect the subjective truth of each individual; whereas state-church law respects faith as perception of truth but established in an organised form. It is in procedural law’s responsibility to take care that decision-making foundations are substantively correct by the time of judgement. Hence, the state is not the greatest initiate, it is just the guardian of the order. Searching for truth must be financially supported by the state without safeguarding insights, which apparently seemed irrefutable, with sanctions or compulsory measures. The state does not know the truth, it cannot obtain the truth’s content by force. It is basically bound by the truth in a subjective manner, provided by individuals living in its community. The state is not allowed to create an objective truth. The article available is based on the opening lecture given by the author at an annual conference of the association “Christ und Jurist”.

Key concepts: Law, Constitution, Faith, Alethiology, State (computer science), Safeguarding, Political science, Epistemology

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