Begriffsverdrängung and Freedom of Religion. Notes on interpretation in private law

Abstract

Religious exemption in the United States is briefly analyzed by the effects of its conceptual lack on the system and its operational field. The application in private law, as a phase of the interpretation that develops control over the effects of the norm. Then the taxonomy of the fields further highlights these effects at a systematic level. The Private Law approach allows us to demonstrate the conceptual displacement that is generated by the First Amendment concerning other application fields and the classificatory function that, about the exemption, can be developed through the concept of the individual situation.

Keywords

• religious exemption
• fundamental rights
• private law interpretation
• subjective situation.