Gewissen und staatliches Recht im Öffentlichen Recht der Frühen Neuzeit

CONSCIENCE AND STATE LAW IN THE PUBLIC LAW OF THE EARLY MODERN AGE. In this paper, the Author investigates and discusses the concept of conscience, and in special detail the relationship between conscience and state law, in the philosophic doctrines of Johannes Althusius and Christoph Besold. Special attention is paid to the group of sources of these two jurists of the first half of the 17th century, aimed at comprehending the mechanism behind the formation of their opinions on this crucial point in their respective theories regarding State. Althusius follows the Calvinist doctrine, especially the thought of Lambert Daneau, theology professor in Geneva; Besold draws from Luther’s concept of conscience and from the tradition of Roman and common law, but also from Montaigne, Boccalini and Bodin’s doctrine of religious freedom. The paper takes into consideration several works by Besold, both before and after his conversion from Lutheranism to Catholicism.