Benedict on the Law

Last week Pope Benedict addressed the participants who gathered at the International Congress on Natural Law convened here in Rome. The English translation of his addressed delivered in Italian is [HERE]. Interestingly, the Holy Father began his address by discussing topics he has examined earlier that deal with the problems presented by the fragmentation of knowledge tolerated by some intellectuals. In the context of the law, he stated that rules and the structure of law and legal systems need to be understood in the context of their human application. Thus, it is essential for the Pope that the law never be divorced from the ethical messages that it must contain and advance. While the empirical study of humans and the political and legal institutions that they establish is important, the work of those involved with the examination of law must not forget the vital role of the metaphysical. There are transcendent values essential to the law that need to be taken into account; if these are absent from the work of those involved with the study or the making of the law, there is not anything to preclude the lawmaker, or anyone else for that matter, from relying upon nothing but the will of the lawmaker or those special interests influencing the lawmaker. The touchstone needed is the moral, natural law that provides the necessary ethical imperatives that guard against the reign of pure positivism. In this regard, those who make the law need to be mindful of the danger presented by political compromises that take no account of these ethical imperatives, which guarantee the protection of all, not just some members of society. For those of us interested in Catholic Legal Theory, the Pope’s address—and, I am sure, his future elaborations of it—will continue to be an important source for our study, thought, teaching and writing.  RJA sj