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turned over to the civil law, with a renouncing of personal conscience, at least in the public sphere The Pope strongly condemns the idolization of democracy that he sees fl from these tendencies. Democracy's moral value is not automatic, nor is the system of democracy a substitute for morality. Instead, the moral value of democracy depends on its conformity to the moral law -"its morality depends on the morality of the ends which are not to be ignored by the democratic system: the dignity of every human person, respect for inviolable and inalienable human rights, and adoption of the common good as the end and criterion regulating political life These values are not rooted in shifting majority opinions, but in acknowledgement of the objective moral law. This objective moral law-the natural law written on the human heart-serves as the obligatory point of reference for civil law itself. Social peace built on some foundation other than the values of human dignity and solidarity frequently proves to be illusory. The interests of the powerful operate to sha consensus, and democracy becomes an empty word. In order to avoid this fate, it is urgently necessary" to"rediscover those essential and innate human and moral values which flow from the very truth of the human being and express and safeguard the dignity of the person. 4+ These values are not created, modified, or destroyed by individuals majorities, or states. Instead, these values can only be acknowledged, respected, and promoted. 25 Moreover, this rediscovery of essential and innate human and moral values must include the recovery of the proper vision of the relationship between civil law and moral law. The Pope recognizes that" the purpose of the civil law is different and more limited in scope than that of the moral law. The civil law cannot take the place of conscience or dictate norms concerning matters outside its competence. The limited competence of the civil law"is that of ensuring the common good of people through the recognition and defense of their fundamental rights, and the promotion of peace and of public morality Because the real purpose of the civil law is to guarantee an ordered social coexistence in true justice, it must ensure that all members of society enjoy respect for certain fundamental rights which innately belong to the person, rights which every positive law 2 EVANGELIUM VITAE, Supra note 4, 70 ld 23 Id at71 See id EVANGELIUM VITAE, supra note 4,171 Dignan. Id. In support of this conception of the limited role of civil law, the Pope cites paragraph 7 of nt can be found VATICAN II: THE CONCILIAR AND POST CONCILIAR DOCUMENTS 799-812(Austin Flannery, O.P., ed, new rev. ed, 1998) For a discussion of the role played by John Courtney Murrays thought in the drafting of Dignitatis Humanae, see JOHN T NOONAN, JR, THE LUSTRE OF OUR COUNTRY: THE AMERICAN EXPERIENCE OF RELIGIOUS FREEDOM 329-53(1998)4 turned over to the civil law, with a renouncing of personal conscience, at least in the public sphere.”20 The Pope strongly condemns the idolization of democracy that he sees flowing from these tendencies. Democracy’s moral value is not automatic, nor is the system of democracy a substitute for morality. Instead, the moral value of democracy depends on its conformity to the moral law – “its morality depends on the morality of the ends which it pursues and the means which it employs. . . . [T]he value of democracy stands or falls with the values which it embodies and promotes.”21 Certain values are fundamental and are not to be ignored by the democratic system: the dignity of every human person, respect for inviolable and inalienable human rights, and adoption of the common good as the end and criterion regulating political life. These values are not rooted in shifting majority opinions, but in acknowledgement of the objective moral law. This objective moral law – the natural law written on the human heart – serves as the “obligatory point of reference for civil law itself.”22 Social peace built on some foundation other than the values of human dignity and solidarity “frequently proves to be illusory.”23 The interests of the powerful operate to shape consensus, and democracy becomes an empty word. In order to avoid this fate, it is “urgently necessary” to “rediscover those essential and innate human and moral values which flow from the very truth of the human being and express and safeguard the dignity of the person.”24 These values are not created, modified, or destroyed by individuals, majorities, or states. Instead, these values can only be acknowledged, respected, and promoted.25 Moreover, this rediscovery of essential and innate human and moral values must include the recovery of the proper vision of the relationship between civil law and moral law. The Pope recognizes that “the purpose of the civil law is different and more limited in scope than that of the moral law.”26 The civil law cannot take the place of conscience or dictate norms concerning matters outside its competence. The limited competence of the civil law “is that of ensuring the common good of people through the recognition and defense of their fundamental rights, and the promotion of peace and of public morality.”27 Because the real purpose of the civil law is to guarantee an ordered social coexistence in true justice, “it must ensure that all members of society enjoy respect for certain fundamental rights which innately belong to the person, rights which every positive law 20 Id. 21 EVANGELIUM VITAE, supra note 4, ¶ 70. 22 Id. 23 Id. 24 Id. at ¶ 71. 25 See id. 26 EVANGELIUM VITAE, supra note 4, ¶ 71. 27 Id. In support of this conception of the limited role of civil law, the Pope cites paragraph 7 of Dignitatis Humanae, Vatican II’s Declaration on Religious Liberty. The document can be found in VATICAN II: THE CONCILIAR AND POST CONCILIAR DOCUMENTS 799-812 (Austin Flannery, O.P., ed., new rev. ed., 1998) For a discussion of the role played by John Courtney Murray’s thought in the drafting of Dignitatis Humanae, see JOHN T. NOONAN, JR., THE LUSTRE OF OUR COUNTRY: THE AMERICAN EXPERIENCE OF RELIGIOUS FREEDOM 329-53 (1998)
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