I Legal Subproject

Description
The legal project begins with a theoretical explanation of the concept of legal knowledge and, in particular, how the law ignores certain facts. From there it continues with a comprehensive analysis of the situation de lege lata. Here, a fundamental rights perspective will provide information about individual reasons for conscientious ignorance, which will then be compared to the legal provisions, especially those of the statutory health insurance (SHI). These norms are based on the basic principle of solidarity, which means, among other things, that the existing state of health does not have to be disclosed to the insurance companies. It is the working hypothesis of the project that both lines of argumentation – the individual and the collective – can be combined and complement each other. In this way, they contribute to determining whether and where the law in its current form permits or demands conscientious ignorance.