2011-09-22 Vatican Radio
On the first day of his state visit to his native Germany, Pope
Benedict addressed the Lower House of the nation's parliament, the
Bundestag. Here is the English translation of the full text of his
speech:
"Mr President of the Federal Republic,
Mr President of the Bundestag,Madam Chancellor,
Mr President of the Bundesrat,Ladies and Gentlemen Members of the House,
It is an honour and a joy for me to speak before this distinguished
house, before the Parliament of my native Germany, that meets here as a
democratically elected representation of the people, in order to work
for the good of the Federal Republic of Germany. I should like to thank
the President of the Bundestag both for his invitation to deliver this
address and for the kind words of greeting and appreciation with which
he has welcomed me. At this moment I turn to you, distinguished ladies
and gentlemen, not least as your fellow-countryman who for all his life
has been conscious of close links to his origins, and has followed the
affairs of his native Germany with keen interest. But the invitation to
give this address was extended to me as Pope, as the Bishop of Rome, who
bears the highest responsibility for Catholic Christianity. In issuing
this invitation you are acknowledging the role that the Holy See plays
as a partner within the community of peoples and states. Setting out
from this international responsibility that I hold, I should like to
propose to you some thoughts on the foundations of a free state of law.
Allow
me to begin my reflections on the foundations of law [Recht] with a
brief story from sacred Scripture. In the First Book of the Kings, it is
recounted that God invited the young King Solomon, on his accession to
the throne, to make a request. What will the young ruler ask for at this
important moment? Success – wealth – long life – destruction of his
enemies? He chooses none of these things. Instead, he asks for a
listening heart so that he may govern God’s people, and discern between
good and evil (cf. 1 Kg 3:9). Through this story, the Bible wants to
tell us what should ultimately matter for a politician. His fundamental
criterion and the motivation for his work as a politician must not be
success, and certainly not material gain. Politics must be a striving
for justice, and hence it has to establish the fundamental preconditions
for peace. Naturally a politician will seek success, as this is what
opens up for him the possibility of effective political action. Yet
success is subordinated to the criterion of justice, to the will to do
what is right, and to the understanding of what is right. Success can
also be seductive and thus can open up the path towards the
falsification of what is right, towards the destruction of justice.
“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. How do we recognize what is right?
How can we discern between good and evil, between what is truly right
and what may appear right? Even now, Solomon’s request remains the
decisive issue facing politicians and politics today.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 and other totalitarian regimes, thereby doing a great
service to justice and to humanity as a whole. For these people, it was
indisputably evident that the law in force was actually unlawful. Yet
when it comes to the decisions of a democratic politician, the question
of what now corresponds to the law of truth, what is actually right and
may be enacted as law, is less obvious. 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. The question of how to recognize
what is truly right and thus to serve justice when framing laws has
never been simple, and today in view of the vast extent of our knowledge
and our capacity, it has become still harder.How do we recognize what
is right? In history, systems of law have almost always been based on
religion: decisions regarding what was to be lawful among men were taken
with reference to the divinity. Unlike other great religions,
Christianity has never proposed a revealed body of law to the State and
to society, that is to say a juridical order derived from revelation.
Instead, it has pointed to nature and reason as the true sources of law –
and to the harmony of objective and subjective reason, which naturally
presupposes that both spheres are rooted in the creative reason of God.
Christian theologians thereby aligned themselves with a philosophical
and juridical movement that began to take shape in the second century
B.C. In the first half of that century, the social natural law developed
by the Stoic philosophers came into contact with leading teachers of
Roman Law. Through this encounter, the juridical culture of the West was
born, which was and is of key significance for the juridical culture of
mankind. This pre-Christian marriage between law and philosophy opened
up the path that led via the Christian Middle Ages and the juridical
developments of the Age of Enlightenment all the way to the Declaration
of Human Rights and to our German Basic Law of 1949, with which our
nation committed itself to “inviolable and inalienable human rights as
the foundation of every human community, and of peace and justice in the
world”.
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, where conscience is
nothing other than Solomon’s listening heart, reason that is open to the
language of being. If this seemed to offer a clear explanation of the
foundations of legislation up to the time of the Enlightenment, up to
the time of the Declaration on Human Rights after the Second World War
and the framing of our Basic Law, there has been a dramatic shift in the
situation in the last half-century. 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. 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 same also applies to reason, according to the
positivist understanding that is widely held to be the only genuinely
scientific one. Anything that is not verifiable or falsifiable,
according to this understanding, does not belong to the realm of reason
strictly understood. Hence ethics and religion must be assigned to the
subjective field, and they remain extraneous to the realm of reason in
the strict sense of the word. Where positivist reason dominates the
field to the exclusion of all else – and that is broadly the case in our
public mindset – then the classical sources of knowledge for ethics and
law are excluded. This is a dramatic situation which affects everyone,
and on which a public debate is necessary. Indeed, an essential goal of
this address is to issue an urgent invitation to launch one.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. 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!"
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