Whatever you may say about Benedict XVI, you must admit that he is a brilliant thinker and orator. The man can write, and he can craft an idea. His recent speech to the Bundestag in Berlin is a perfect example of his erudition. I’ve selected portions for you, but you should go read the full text. Most impressively, in his defense of natural law, Benedict extends his defense to all of nature itself, to the fact of an objective will, a Will placed within nature, more normative than Kantian self-legislation, and providing the reason for the “ought.” We must return to the earth, to listen to her again, to feel with her again, to stop seeing self-fulfilling freedom as the only ethical guide. As the way out of our positivist ethical “bunker,” the “importance of ecology is no longer disputed.” I say he’s right.
Without justice – what else is the State but a great band of robbers?”, as Saint Augustine once said . We Germans know from our own experience that these words are no empty spectre. We have seen how power became divorced from right, how power opposed right and crushed it, so that the State became an instrument for destroying right – a highly organized band of robbers, capable of threatening the whole world and driving it to the edge of the abyss. To serve right and to fight against the dominion of wrong is and remains the fundamental task of the politician. At a moment in history when man has acquired previously inconceivable power, this task takes on a particular urgency. Man can destroy the world. He can manipulate himself. He can, so to speak, make human beings and he can deny them their humanity.
For most of the matters that need to be regulated by law, the support of the majority can serve as a sufficient criterion. Yet it is evident that for the fundamental issues of law, in which the dignity of man and of humanity is at stake, the majority principle is not enough: everyone in a position of responsibility must personally seek out the criteria to be followed when framing laws. In the third century, the great theologian Origen provided the following explanation for the resistance of Christians to certain legal systems: “Suppose that a man were living among the Scythians, whose laws are contrary to the divine law, and was compelled to live among them … such a man for the sake of the true law, though illegal among the Scythians, would rightly form associations with like-minded people contrary to the laws of the Scythians.” This conviction was what motivated resistance movements to act against the Nazi regime.
In terms of the underlying anthropological issues, what is right and may be given the force of law is in no way simply self-evident today.
For the development of law and for the development of humanity, it was highly significant that Christian theologians aligned themselves against the religious law associated with polytheism and on the side of philosophy, and that they acknowledged reason and nature in their interrelation as the universally valid source of law. This step had already been taken by Saint Paul in the Letter to the Romans, when he said: “When Gentiles who have not the Law [the Torah of Israel] do by nature what the law requires, they are a law to themselves … they show that what the law requires is written on their hearts, while their conscience also bears witness …” (Rom 2:14f.). Here we see the two fundamental concepts of nature and conscience.
The idea of natural law is today viewed as a specifically Catholic doctrine, not worth bringing into the discussion in a non-Catholic environment, so that one feels almost ashamed even to mention the term. Let me outline briefly how this situation arose.
(It’s nice to hear my Pope affirm something that I feel all the time).
Fundamentally it is because of the idea that an unbridgeable gulf exists between “is” and “ought”. An “ought” can never follow from an “is”, because the two are situated on completely different planes. The reason for this is that in the meantime, the positivist understanding of nature and reason has come to be almost universally accepted. If nature – in the words of Hans Kelsen – is viewed as “an aggregate of objective data linked together in terms of cause and effect”, then indeed no ethical indication of any kind can be derived from it. A positivist conception of nature as purely functional, in the way that the natural sciences explain it, is incapable of producing any bridge to ethics and law, but once again yields only functional answers.
The positivist approach to nature and reason, the positivist world view in general, is a most important dimension of human knowledge and capacity that we may in no way dispense with. But in and of itself it is not a sufficient culture corresponding to the full breadth of the human condition. Where positivist reason considers itself the only sufficient culture and banishes all other cultural realities to the status of subcultures, it diminishes man, indeed it threatens his humanity. I say this with Europe specifically in mind, where there are concerted efforts to recognize only positivism as a common culture and a common basis for law-making, so that all the other insights and values of our culture are reduced to the level of subculture, with the result that Europe vis-à-vis other world cultures is left in a state of culturelessness and at the same time extremist and radical movements emerge to fill the vacuum.
(Get ready, here comes the eloquence).
In its self-proclaimed exclusivity, the positivist reason which recognizes nothing beyond mere functionality resembles a concrete bunker with no windows, in which we ourselves provide lighting and atmospheric conditions, being no longer willing to obtain either from God’s wide world. And yet we cannot hide from ourselves the fact that even in this artificial world, we are still covertly drawing upon God’s raw materials, which we refashion into our own products. The windows must be flung open again, we must see the wide world, the sky and the earth once more and learn to make proper use of all this.
But how are we to do this? How do we find our way out into the wide world, into the big picture? How can reason rediscover its true greatness, without being sidetracked into irrationality? How can nature reassert itself in its true depth, with all its demands, with all its directives? I would like to recall one of the developments in recent political history, hoping that I will neither be misunderstood, nor provoke too many one-sided polemics. I would say that the emergence of the ecological movement in German politics since the 1970s, while it has not exactly flung open the windows, nevertheless was and continues to be a cry for fresh air which must not be ignored or pushed aside, just because too much of it is seen to be irrational. Young people had come to realize that something is wrong in our relationship with nature, that matter is not just raw material for us to shape at will, but that the earth has a dignity of its own and that we must follow its directives. In saying this, I am clearly not promoting any particular political party – nothing could be further from my mind. If something is wrong in our relationship with reality, then we must all reflect seriously on the whole situation and we are all prompted to question the very foundations of our culture. Allow me to dwell a little longer on this point. The importance of ecology is no longer disputed. We must listen to the language of nature and we must answer accordingly. Yet I would like to underline a further point that is still largely disregarded, today as in the past: there is also an ecology of man. Man too has a nature that he must respect and that he cannot manipulate at will. Man is not merely self-creating freedom. Man does not create himself. He is intellect and will, but he is also nature, and his will is rightly ordered if he listens to his nature, respects it and accepts himself for who he is, as one who did not create himself. In this way, and in no other, is true human freedom fulfilled.
Let us come back to the fundamental concepts of nature and reason, from which we set out. The great proponent of legal positivism, Kelsen, at the age of 84 – in 1965 – abandoned the dualism of “is” and “ought”. He had said that norms can only come from the will. Nature therefore could only contain norms if a will had put them there. But this would presuppose a Creator God, whose will had entered into nature. “Any attempt to discuss the truth of this belief is utterly futile”, he observed. Is it really? – I find myself asking. Is it really pointless to wonder whether the objective reason that manifests itself in nature does not presuppose a creative reason, a Creator Spiritus?
At this point Europe’s cultural heritage ought to come to our assistance. The conviction that there is a Creator God is what gave rise to the idea of human rights, the idea of the equality of all people before the law, the recognition of the inviolability of human dignity in every single person and the awareness of people’s responsibility for their actions. Our cultural memory is shaped by these rational insights. To ignore it or dismiss it as a thing of the past would be to dismember our culture totally and to rob it of its completeness. The culture of Europe arose from the encounter between Jerusalem, Athens and Rome – from the encounter between Israel’s monotheism, the philosophical reason of the Greeks and Roman law. This three-way encounter has shaped the inner identity of Europe. In the awareness of man’s responsibility before God and in the acknowledgment of the inviolable dignity of every single human person, it has established criteria of law: it is these criteria that we are called to defend at this moment in our history.
As he assumed the mantle of office, the young King Solomon was invited to make a request. How would it be if we, the law-makers of today, were invited to make a request? What would we ask for? I think that, even today, there is ultimately nothing else we could wish for but a listening heart – the capacity to discern between good and evil, and thus to establish true law, to serve justice and peace. Thank you for your attention!