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Political Obligations$
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George Klosko

Print publication date: 2005

Print ISBN-13: 9780199256204

Published to Oxford Scholarship Online: April 2005

DOI: 10.1093/0199256209.001.0001

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Political Obligation and Military Service in Germany and Israel 1

Political Obligation and Military Service in Germany and Israel 1

Chapter:
(p.162) 8 Political Obligation and Military Service in Germany and Israel1
Source:
Political Obligations
Author(s):

George Klosko (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/0199256209.003.0008

Examines judicial decisions in Germany and Israel in order to provide a comparative test of the analysis of US Supreme Court decisions in Ch. 7. Although questions of political obligation have been much discussed by scholars, little attention has been paid to moral reasons advanced by actual states to justify the compliance of their subjects. Because in US cases, justices appeal to moral reasons most explicitly in difficult cases that concern imposing military service on conscientious objectors, the analysis focuses on this area. In spite of their important constitutional and judicial differences, Germany and Israel support military obligations along similar lines. German decisions emphasize norms of equality or fairness. Israeli Justices have generally appealed to the importance of each individual's contribution to national defence. However, in a recent decision, norms of fairness are invoked.

Keywords:   ‘self-image of the state,’ Germany, conscientious objectors, fairness, Israel, judicial decisions, political obligations

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