Resistance

GERMAR RUDOLF, RESISTANCE IS OBLIGATORYIn summary Dreier posits about the right to disobedience: 226“An act is constitutionally justified a) if it falls within the realmof protection of a civil right and b) if it remains within the bounds ofthat civil right. […]It goes without saying that obedience is due to the parliamentarylegislator, provided that he abides by the constitution.”Helmut Simon, at that time a judge at the German ConstitutionalHigh Court, stated in another contribution to this discussion: 227“On the other hand, that is withdrawn from majority decisionswhich the constitution protects in its civil rights and other basicprinciples as something that is beyond voting, which is in the interestof all citizens and especially of minorities.”I think that this is exactly what we are dealing with in our case, becauseresearch results, i.e. freedom of science and research, must not beprescribed or restricted by majority decisions.During the same SPD forum Wolfgang Huber, at that time professorfor social ethics and evangelical theology at Würzburg University, assertedthe following in his contribution “The Limits of the State and theDuty to Obey” with regards to experiences during the Third Reich: 228“Nonetheless the memory was retained that there are limits togovernmental power, the transgression of which triggers the duty todisobey. […] the great work by Thomas Aquinas contains this insight:‘An individual needs to follow human authorities only so faras it is required by the order of justice.’”Huber quotes Martin Luther in this context as follows: 229“It is not revolt or disobedience, if I do not obey those things towhich the emperor is not entitled.”Huber affirms that the citizen is encumbered with a double obligation,that is on one hand the duty to obey the state under the rule oflaw, 230 “but on the other hand the obligation to independently scrutinizethe law and if need be the resistance against measures which cannotbe considered general laws.”226 Ibid., pp. 64, 72f.227 Helmut Simon, “Fragen der Verfassungspolitik,” in: Peter Glotz, op. cit. (note 220), p. 101.228 “Die Grenzen des Staates und die Pflicht zum Ungehorsam,” ibid., p. 109, reference: ThomasAquinas, Summa Theologica, II/IIq, a6, ad 3.229 Ibid., p. 110; reference: Weimar edition, vol. 32, p. 184.230 Ibid., p. 111, with reference to Kant’s Categorical Imperative.188