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" Circumcision Indecision in Germany "
Hendrik Pekárek
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AL
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| Record Number
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1072472
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| Doc. No
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LA116101
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| Call No
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10.1163/22124810-00401001
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| Language of Document
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English
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| Main Entry
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Hendrik Pekárek
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| Title & Author
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Circumcision Indecision in Germany [Article]\ Hendrik Pekárek
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| Publication Statement
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Leiden: Brill | Nijhoff
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| Title of Periodical
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Journal of Law, Religion and State
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| Date
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2015
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| Volume/ Issue Number
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4/1
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| Page No
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1–48
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| Abstract
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Male ritual circumcision is one of the most frequently conducted surgical procedures in the world, and constitutes an important aspect of the Jewish and Muslim religions. When in May 2012 a German court in Cologne allegedly “banned” the procedure, legal uncertainty in Germany set in and emotions worldwide ran high against the decision. In December 2012, the German parliament enacted a law explicitly granting parents the right to have their sons circumcised. This article revisits the complex and unique criminological, legal-dogmatic, and constitutional debates and processes that shaped both the earlier court decision and the later legislation. It presents the facts of the case, explains the arguments for and against the legality of the procedure that were raised in the legal debate that preceded and accompanied the court ruling, and analyzes the new law that now regulates the matter. Male ritual circumcision is one of the most frequently conducted surgical procedures in the world, and constitutes an important aspect of the Jewish and Muslim religions. When in May 2012 a German court in Cologne allegedly “banned” the procedure, legal uncertainty in Germany set in and emotions worldwide ran high against the decision. In December 2012, the German parliament enacted a law explicitly granting parents the right to have their sons circumcised. This article revisits the complex and unique criminological, legal-dogmatic, and constitutional debates and processes that shaped both the earlier court decision and the later legislation. It presents the facts of the case, explains the arguments for and against the legality of the procedure that were raised in the legal debate that preceded and accompanied the court ruling, and analyzes the new law that now regulates the matter.
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| Descriptor
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circumcision
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comparative law
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constitutional law
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criminal law
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| Descriptor
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German law
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| Location & Call number
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10.1163/22124810-00401001
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