In this article, the author analyses the significance of conscientious objection in the context of the political philosophy of Ernst-Wolfgang Böckenförde, a German lawyer and philosopher. To this end, the basic components of the author's doctrine are outlined: (1) the emergence of the modern state as part of the process of secularisation, (2) the dialectic of power and freedom, (3) the need for relative homogeneity in a pluralistic society. An analysis of Böckenförde's work allows us to define the concept of conscientious objection as an essential element of a democratic state governed by the rule of law, referring to it in relation to constitutional freedom of conscience.
Excerpt: "Böckenförde emphasises the fundamental importance of freedom of conscience in a democratic state governed by the rule of law. In his view, the state cannot impose a specific moral ethos on its citizens or interfere with their conscience under the pretext of equal rights and obligations. Conscience, as an internal moral authority, cannot be confined to a single definition. It plays a guiding role in the life of the individual. Conflicts of conscience, although rare, concern fundamental issues and require institutional solutions. Böckenförde proposes the concept of ‘partial exemption from duty’, which allows individuals to refrain from certain actions that are contrary to their moral convictions while respecting the existing legal order. Such a mechanism allows the integrity of conscience to be preserved without destabilising the state. Ultimately, for Böckenförde, freedom of conscience and its respect by the state are a condition for the existence and legitimacy of liberal democracy, in which human dignity remains the supreme value (p. 125).
Table of contents: 1. Introduction. 2. The state as an order of power and freedom. 3. The limits of the legitimacy of state power. 4. Freedom of conscience. 5. Conclusion.
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