The following interview was conducted by Moritz Schwarz and appeared in Junge Freiheit, on August 14, 2020. Published with permission. Translated by Russell A. Berman, who has written a separate note here.
Dr. Maaßen, the Mayor of Tübingen, Boris Palmer, has warned against a “world of prohibitions” in Germany, in which “moral condemnation” could follow the smallest mistake. This would “destroy liberal democracy.” Is he right?
Hans-Georg Maaßen: I am a jurist, out of passion, and that’s why I am frightened to have to agree with him in part. I am deeply concerned that our legal state—the rule of law—is being more and more undermined by the rule of morality.
Bärbel Bohley’s disappointed phrase is well known: “We wanted justice, but all we got is the rule of law.” Isn’t morality the better and ethically higher good?
Maaßen: No. It is true that the law only provides a moral minimum. Yet that is precisely the precondition of freedom.
