The open state and the imperative of freedom: about Ernst-Wolfgang Böckenförde’s political philosophy (part I)

We explore Ernst -Wolfgang Böckenförde’s (1930-2019) political thought that intends to justify public law as the condition of freedom, because it establishes limits. This vision presupposes an anthropology, never fully unfolded in his work but, nevertheless, very present when he reflects as a jurist with philosophical concerns. One year after his death, among unprecedented world changes and huge uncertainties, it is relevant to revisit and evaluate his lasting contribution. Here, our interest focuses exclusively on the notion of the State and some of its implications; we will leave for another paper his interpretation of the historical evolution of law and the Constitution, his position on issues of bioethics, and his vision of the European Union project and globalization.