The Truth-based approach and the positive law-based approach to conscientious objection : which challenges in the public sphere ?

In recent decades, conscientious objection has undergone a profound transformation. Indeed, there has been a transition from conscientious objection as a request to conscientious objection as a positive right in specific cases (e.g. military service, abortion). Nevertheless, the moral dimension of such form of resistance is still crucial: to some extent, it maintains itself prior to and complementary with the legal discourse. Within this peculiar perspective, the relationship between conscientious objection and the moral concept of Truth is an authentic challenge. In fact, conscientious objectors as truth bearers and consequently conscientious objection as a testimony of the Truth correspond to a certain view on morals, law and personal disobedience. This paper focuses on these thorny issues. Firstly, this paper will try to analyse dialectically the Truth-based approach to conscientious objection as a testimony or prophecy and the positive law-based approach to conscientious objection as a Legal Instrument for Ethical Consistency. Secondly, it will point out the main implications of these approaches, and their moral premises in terms of theories of conscience. Thirdly, it will scrutinize two possible ‘logics’ of conscientious objection from the legal viewpoint: dualistic logic and monistic logic. Finally, the paper will point out the goals and practical effects of the Truth-based approach and the positive law-based approach to conscientious objection within our democratic political communities.