They are not acting in the civil order governed by the state’s own native political authority – a civil order from which religion has been removed. Inasmuch as it identifies the dignity of the human person as … Dignitatis Humanae would now be a stand-alone declaration not on religious liberty in general, but on religious liberty in the civil order only. Perhaps (I do not know) this pope may even have suggested somewhere like Courtney Murray that the Church is not really a potestas at all, and that religion excludes coercion altogether. A quarter-century after the promulgation of the Declaration on Religious Liberty, Dignitatis Humanae, at the end of Vatican Council II, Fr. Grace cannot permit what would be contradictory of human nature and its governing law. John Courtney Murray's theses regarding what he called the "public care of religion" by the civil power 1 have assumed a new importance in the light of the painful rupture in the Catholic Church which took place at Ecône, Switzerland, on June 30, 1988. Dignitatis Humanae itself, however, does not constitute such a crisis. Why religious coercion by the state is wrong. But, these claims are the traditional ones, upheld essentially in the transmission of Rome’s historic teaching on church and state. Indeed, the much-invoked but often little-understood Reformed doctrine of the “Two Kingdoms” develops a way of thinking about duties of the state in regards to religion without subsuming the state to the authority of Pope and the Roman Church or binding civil consciences to Church authority. Paul VI was pope, and he was a disciple of Maritain. A Reformed-Catholic Debate on, The Pagans and the Atheists in C. S. Lewis and Herman Bavinck, A Defense of Classical Education (by Benjamin V. Beier) (reposting) - Institute for Classical Education, Voices Crying in the Wilderness – Moirans, Jaca, and Silva, A Defense of Classical Education (by Benjamin V. Beier) - Institute for Classical Education, The Neglect of Catholic Theology From Westphalia (1648) to the Bastille (1789), The Birth of the State and the Decline of the Common Good, Lutheran Orthodoxy and the Visibility of the Church, Evil Nonsense or Nonsensical Evil: Eusebius on Divination (I), Dead Intellectuals, Fruitless Morals: Bavinck on a Fully Human Religion, Healing the “Wound of Individuality”: Lewis on the Pagan Threat, Again (III), Re-Making the Books that Were Burned: C.S. But this is not something expressly taught by the declaration. With equal certainty it exceeds the limits of its authority if it takes upon itself to direct or prevent religious activity. In the context of the council's stated intention "to develop the doctrine of recent popes on the inviolable rights of the human person and the constitutional order of society", Dignitatis humanae spells out the church's support for the protection of religious liberty. What holds for the order of religion is another matter, where heresy remains a punishable crime in the Church’s current canon law, as it always has been. Now where religion is concerned, Catholic teaching has long been clear – the state and other institutions operating in the civil order are not such legitimate authorities. Two new views were developing, each designed to endorse a detachment of Church from state and the ending of state’s legal privileging of religious truth. Enter the email address you signed up with and we'll email you a reset link. But it does transform the good of religion, to remove religion as such from the civil order, the order involving the coercive legal direction of natural goods served by the authority of the state, and locate it in a quite separate coercive legal order of its own – an order of religion – with its own potestas or governing coercive authority, the Church. So everything in the declaration has to be understood as concerning the civil order only. Dignitatis Humanae simply addresses a situation where the state is no longer acting on the Church’s authority and as the Church’s agent, but only on its own native political authority, which is entirely lacking in matters of religion. The state might legitimately restrict religious practices that threatened just public order (such as those involving threats to life and property). Academia.edu uses cookies to personalize content, tailor ads and improve the user experience. The Catholic Church already taught this radical right to liberty of religion from state authority long before Vatican II. Quite the opposite, in fact – it presupposes a coercive legal order specifically for religion. Because Dignitatis Humanae appeared plainly to proscribe such coercion, however, it was not at all clear even to the bishops gathered at Vatican II how contradiction was actually being avoided. To learn more, view our, (Book Proposal) Integralism: The Breadth and Depth of Catholic Social Teaching, Religious Liberty: A Common Challenge for Catholic-Muslim Dialogue, Catholic Constitutionalism from the Americanist Controversy to Dignitatis Humanae, Catholic teaching on religion and the state. But at Vatican II, in Dignitatis Humanae, the declaration on religious liberty, the Church declared that we have a right not be coerced in our religious belief or practice by the state or other civic institutions where this coercion was imposed on specifically religious grounds. It is a good that transcends state authority altogether, as the good of movement, though it too involves a vital right to liberty, clearly does not. Dignitatis Humanae §3. The drafting commission made emphatically clear to the council fathers that the legal order of religion is excluded from the declaration’s remit. The declaration Dignitatis humanae on religious liberty explicitly contradicts the teaching of previous Tradition on two points:. For these reasons the freedom is termed social and civil. It repeatedly and explicitly makes the point that it is referring only to “human powers.” However, the Catholic Church has never considered itself to be merely a human power. Like Maritain Paul VI would not disavow Leo XIII. The right to religious liberty taught at Vatican II is indeed a right that is based on the dignity of human nature – just as are other vital rights to liberty, such as the right to liberty of movement. But grace and nature must be in harmony. It is the final essay in a four-part debate between Thomas Pink and Steven Wedgeworth on the historical and conceptual coherence of Dignitatis Humanae, and thereby the traditional Catholic teachings on church and state. Therefore it leaves intact (integer) traditional Catholic doctrine on the moral duty of individuals and societies toward the true religion and toward the one Church of Christ. There could still be a harmony of Church and state with due state respect for religion as a transcendent good – but now without the need for any state recognition of Catholicism as true. This right against the state was based by the declaration on the dignity of human nature. Again, the freedom of faith as a religious act protects it against all coercion – in the civil order, where authority for such coercion is entirely lacking. It reflects a redirection of religion by Christ from a natural to a supernatural end. On the 19th November 1965, again just before the final vote, commenting on this very passage, de Smedt, acting on the direct instructions of Paul VI, emphasised that the teachings preserved integer or intact specifically included nineteenth-century papal teaching on the duties to the true religion of the state. This is a vital right that the state must also respect. It was actually the official interpretation of the declaration at Vatican II. (For example, see Libertas, paragraph 27). Why is this? The liberty defended in the declaration is civil – that is, it applies in the civil order only, that is in contexts where the Church’s coercive authority over the baptised is not involved. In the case of Dignitatis Humanae, the official relationes make that understanding clear. In modern times Leo XIII has wonderfully expounded and developed this doctrine, teaching more clearly than ever before that there are two societies, and so two legal orders, and two powers (. There was to be no doubt about it. But to see the consequences of this decree on … Presupposing the new context where Church and state are now detached, the declaration would bypass the order of religion entirely and the authority that served that order – the Church and her jurisdiction over the baptised. But in 1964 this plan was abandoned. The contribution of Dignitatis Humanae, therefore, involves reassertions of historic doctrine on religious truth and liberty, as well as certain prudential claims in light of the ascendance of modern, liberal forms of society – and it is here that much of the debate among Catholics rages, with deep disagreements over the philosophical, cultural, and social assumptions that inform Dignitatis Humanae‘s prudential judgments. Enter your email address to subscribe to this blog and receive notifications of new posts by email. So in 1964-5 a series of relationes was issued by the drafting commission to the council fathers which consistently and emphatically stated that the declaration is faithful to the teaching on Church and state of Leo XIII, which it is applying for a new situation of Church-state separation. Now any magisterial teaching binds Catholics only in relation to what is expressly taught by it, and the implications of that. Especially when interpreted within a “Leonine” paradigm, Pink argued that Dignitatis Humane represents a Church in the process of developing both binding and prudential teaching in the context of a rapidly secularizing world, where liberal democracy sets the terms and conditions for discerning the possibility of communal, transcendent goods. In the last year or two, in the context of a series of official conversations between leading theologians of the Priestly Society of St. Pius X (SSPX) and other theologians appointed by the Congregation for the Doctrine of the Faith, there has been a renewal of interest in the question of whether Vatican II’s 1965 Declaration on Religious Liberty, Dignitatis Humanae (DH), can be reconciled with the traditional … The offer of the supernatural life does not radically transform the nature of other goods, such as movement or fidelity to promises, so as completely to remove these from the authority of the state. Such regulation will need weighty justification, however – such as in terms of the very same good of movement that the right involves. Religious Freedom Today in Light of Dignitatis Humanae . That would certainly then leave the consistency of the Catholic magisterium in crisis. As regards the substance of the problem these things must be said: while pontifical documents up to Leo XIII emphasized the moral duties, Tyranny, Contradiction or Continuity? Another relatio for that same September 1965 clearly asserts: There this question of religious liberty, since it has to do with the civil order, is to be distinguished from other questions which are of a theological order [such as] relations between freedom and authority within the Church herself. Christ has revealed to us the promise of an end that transcends nature – and this revelation involves a transforming reorientation of religion that profoundly affects its character. Jacques Maritain wanted to remain faithful in fundamentals to the teaching of Leo XIII. But the classic modern magisterial statement is from Leo XIII, distinguishing in Immortale Dei of 1885 between the good of religion which is served by the potestas of the Church and natural goods of the civil order served by the potestas of the state. Some coercive direction of religion must be legitimate, because there is a religious potestas with the right so to direct. Perhaps all this seems to be just a number of theological technicalities. In the past, in the medieval ‘sacral age’, a soul-body union of Church and state had indeed been necessary to ensuring that the state respected both the Church’s mission and the status of  religion as a supreme good transcending its own political authority. The right can be thus limited by the state for the communal good. Dignitatis humanae and the Development of Moral Doctrine: Assessing Change in Catholic Social Teaching on Religious Liberty Barrett Hamilton Turner, Ph.D. Director: Joseph E. Capizzi, Ph.D. Vatican II’s Declaration on Religious Liberty, Dignitatis humanae (DH), poses the problem of development in Catholic moral and social doctrine. Some Fathers maintain that the declaration does not sufficiently show how our doctrine is not opposed to ecclesiastical documents up to the Supreme Pontiff Leo XIII. State law is coercive, and often justifiably so. Indeed, just before the final vote on the Declaration, its official relator frankly admitte d that "this matter will have to be fully clarified in future theological and historical studies." He flatly denied the teaching of Leo XIII because he came to deny that the Church is a potestas – a coercive authority – at all. By its own admission, Dignitatis Humanae does not intend to ad-dress every aspect of the problem of religious liberty. Finally he appeals to current understanding of religious liberty within the Church, and to the present pope Francis, who has attacked the very idea of a union between Church and state and of Catholicism as a state religion. The considerable doctrinal basis for this teaching extends very far back. But nothing in the declaration expressly asserts, in contradiction of Leo XIII, that this separation of Church and state is ideal. This is the theory of soul-body union. The Church used to call on states publicly to profess Catholicism as the true religion, and legally to restrict the public expression of other religions that were false. Inasmuch as it affirms the very principle of a right, even a limited one, to religious liberty. The commission repeatedly emphasises the exclusion of the order of religion and the authority of the Church from the declaration’s remit. Many Catholic theologians began to wonder if such a Church-state union was still worth defending, even as an ideal. The Almighty, therefore, has given the charge of the human race to two powers [, For the schema rests on the traditional doctrine between a double order of human life, that is sacred and profane, civil and religious. dignitatis humanae on the right of the person and of communities to social and civil freedom in matters religious promulgated by his holiness pope paul vi on december 7, 1965 . Secular liberalism certainly does not see religion as a good transcending state authority, if it sees religion as a distinctive good at all. 1. The state could still have regulated religion for the good of all. Through the influence of the gospel on human life something had now become possible that was not possible before. He agreed that the Church is indeed a potestas – an authority with the right to direct coercively – and that her past use of the state as her coercive agent for the good of religion had been fully legitimate. Moreover the Leonine interpretation dissolves Wedgeworth’s problem of an apparent conflict between grace and nature. In modern times Leo XIII has wonderfully expounded and developed this doctrine, teaching more clearly than ever before that there are two societies, and so two legal orders, and two powers (potestates), each divinely constituted but in a different way, that is by natural law and by the positive law of Christ. The declaration was originally planned as a final chapter of Unitatis Redintegratio, the decree on ecumenism. In the first, which has the title ‘The Historical Question of Dignitatis humanae’, the author presents a description of the historical situation beginning with the Second World War which accompanied the drawing up and approval of this Declaration of the Second Vatican Council and the way in which it was received immediately after that Council. Dignitatis humanae is undoubtedly one of the Council’s most revolutionary texts. But this radical right is not an ordinary natural right. The legitimacy of religious coercion by the Church does not imply any conflict between grace and nature. But he finds a key to understanding why the contradiction is only apparent by his interpretation of the “due limits” on religious freedom mentioned in the central statement of Dignitatis Humanæ 2: “no one is to be forced to act in a manner contrary to his own beliefs, whether privately or publicly, whether alone or in association with others, within due limits.” All that the declaration teaches is the existence, in this context of Church-state separation, of a natural right not to be coerced religiously by the state. The liberty or immunity from coercion which the declaration addresses does not have to do with the relation of man to the truth or to God, nor does it have to do with relations between the faithful and authorities within the Church: it really has to do with relations between people in human and civil society, that is relations of people with other individuals, with social groups and with the civil power. Now this Leonine reading of the declaration is not just my invention. DIGNITATIS HUMANAE Over de godsdienstvrijheid - Het recht van de persoon en van de gemeenschappen op sociale en burgerlijke vrijheid in godsdienstige aangelegenheden (Soort document: 2e Vaticaans Concilie - Verklaring) 7 december 1965 Wedgeworth recently wrote a series for the online forum The Calvinist International, in which he argued that Dignitatis Humanae, rather than crystallizing the Catholic Church’s teaching on religious freedom and coercion, exacerbates the problem of Roman interpretation and ultimately reveals a contradiction at the heart of Roman claims to unbroken doctrinal development. What Fake Christians Get Wrong About Ephesians The restriction of the declaration’s remit to the civil order only and the exclusion of coercion in the order of religion had one clear purpose, therefore – to block any doctrinal conflict with that earlier magisterial teaching. My reading of the declaration is a Leonine reading. I've discussed Thomistic and Catholic political thought on Thomistica several times in the past. Sorry, preview is currently unavailable. Andrej Dobrzyński. Rather, magisterial Protestants recognize that it is precisely Rome’s resistance to the Reformed doctrine of justification by faith alone which generates an irresolvable tension in its teaching on the state and religion. So religious liberty in relation to the state does not rest on a general exclusion of coercion from religion. Appendix: Dignitatis Humanae and the Syllabus of Errors The declaration on religious liberty ( libertas religiosa ) [1] titled Dignitatis Humanae is probably the most controversial document of the Second Vatican Council, as it appears on its face to repudiate papal teaching from Gregory XVI to Pius XI on the social kingship of Christ. Coercion is wrong and a violation of our dignity if it lacks adequate authority – and in the case of religion and of a state acting apart from the Church, that authority is indeed entirely lacking. In this exchange, Pink begins by responding directly to Wedgeworth’s arguments from a Catholic perspective. Moreover, just as Dignitatis Humanae asserts that it “leaves untouched traditional Catholic doctrine,” while at the same time “developing” that doctrine, so too did Francis insist that his remarks in no way “signify a change of doctrine” or “any contradiction with past teaching”; they represent instead “the harmonious development of doctrine.” Academia.edu no longer supports Internet Explorer. The laws, that remain part of the Church’s current canon law, include laws prohibiting heresy (belief contrary to defined teaching, when openly expressed) and apostasy. Recent Featured Videos and Articles: Eastern “Orthodoxy” Exposed: Why Hell Must Be Eternal: The Antichrist Identified! Lewis’s Revival of the Pagan Threat (II), “Destroy these very Books”: Eusebius on the Pagan Threat (I), Pascal and Bavinck on Science and Theology, Eusebius and his Sources: How Then Shall We Dialogue? This assertion was added in the autumn of 1965, just before the final vote, at Paul VI’s insistence. The declaration on religious freedom issued by the Second Vatican Council, Dignitatis Humanae claimed: “the human person has a right to religious freedom” (no. Religion, according to Dignitatis Humanae, is different. From the autumn of 1964 on, in a series of relationes or official interpretative statements, the commission drafting the declaration gave it an overtly Leonine reading to explain its meaning to the council fathers before the final vote. It is repeating the insistence that the declaration is addressing coercion and liberty in the civil order only, outside the order of religion where the authority of the Church as religious potestas is in play. Human nature gives us rights to many important forms of liberty. Consequently, we ought not view the current conflicts between so-called progressive and conservative factions under Francis’ papacy as aberrant, but rather as another reflex caused by the inherent contradiction in Roman teaching on conscience, coercion, Church, and state. In these articles, Wedgeworth engages the writing of Dr. Thomas Pink, who has insisted that, while Dignitatis Humane remains a conflicted and underdeveloped statement, it by no means contradicts or conflicts doctrinally with the Catholic Church’s binding teaching on these matters. But they do not, just as natural rights to liberty, preclude some limitation of those rights by some legitimate authority with care of the common good, including a duty to protect for the community as a whole the very good that the right involves. You can download the paper by clicking the button above. The declaration was now to retain the Leonine doctrine of the two coercive legal orders, religious and civil, and the two governing potestates for those orders, Church and state. It came up against the coercive authority of the Church and her past use of the state ruled by the baptised as her coercive agent. Without this key, it is a document that must remain a closed door—or worse, a door that leads into another world than that of unanimous Catholic teaching prior to 1965.4 Preambles to Dignitatis Humanae 1. For Pink, dogmatic Church teaching does contain some uncomfortable and, for post-Vatican II Catholics, unfamiliar claims regarding the limits of the secular realm and the rights of the Church to coerce its members. Instead of taking the form of a worship of God centred on the happiness of a natural human community served by the authority of the state, religion is now to involve a worship of God that participates in sacraments imparting supernatural grace, and that is directed to attaining the beatific vision of God in heaven. The Catholic Church once clearly taught that it could be. Steven Wedgeworth claims against me that there really has been doctrinal revision, by appeal both to the deeper implications of the text itself, and to subsequent understanding of it within the Church. Dignitatis Humanae, rightly interpreted under Leonine principles, should be viewed as leaving these traditional claims intact, thereby saving the Roman magisterium from the charge of rupture in doctrine. Wedgeworth points out that magisterial Protestants are not purely negative critics of a contradictory Catholic Church. According to Dignitatis Humanae, religious coercion by the state is wrong because religion is a good that transcends state authority: Furthermore, those private and public acts of religion by which people relate themselves to God from the sincerity of their hearts, of their nature transcend the earthly and temporal levels of reality. Hiermee trachtte men doctrinair de standpunten vast te leggen die de kerk in de voorgaande decennia had ontwikkeld ten aanzien van mensenrechten, zoals de vrijheid van godsdienst. Central to his case is the declaration’s basing of the right to religious liberty on human nature. But in so doing they are acting on the authority of the Church, as her brachium saeculare or secular arm, and so in the order of religion. The point is made again, most emphatically, by the relator for the drafting commission, Bishop de Smedt, at that crucial final stage of the debate on 25 October 1965, just before the final vote, and in relation to an important change in the declaration’s subtitle: The subtitle now reads “On the right of the person and of communities to a social and civil liberty in religious matters”. The declaration’s famous assertion of its own consistency with past Church teaching can now be clearly understood. There this question of religious liberty, The subtitle now reads “On the right of the person and of communities to a, Religious freedom, in turn, which men demand as necessary to fulfil their duty to worship God, has to do with immunity from coercion, Some Fathers maintain that the declaration does not sufficiently show how our doctrine is not opposed to ecclesiastical documents up to the Supreme Pontiff Leo XIII. The text presented to you today [the newly added passage cited above asserting doctrinal continuity] recalls more clearly the duties of the public power towards the true religion; from which it is clear that this part of the doctrine is not omitted. This specific teaching, which called on the state, when acting as the Church’s agent, to use its coercive power to privilege religious truth, was being preserved. Nevertheless, some think the modern declaration of Vatican II contradicts prior It is dictated by something else that Dignitatis Humanae presupposes, and that it was explicitly presented to the council fathers as presupposing – the institution ‘by the positive law of Christ’ of a new and distinct legal order of religion, and the removal of all coercive authority over religion from the state and other natural law-based institutions of the civil order, and its transfer to a new and distinctively religious potestas, the Church, which can then use the power of a Christian state to help direct religion, but only as an extension of her own authority as religious potestas. Rome runs aground in its relating church to state precisely because of its confusions over grace, faith, merit, and their relation to civil-political order. Thomas Pink – Professor of Philosophy, King’s College, London. So for Courtney Murray religion excludes coercive authority altogether. As the nature of religious liberty rests on this distinction of orders, so the distinction provides a means to preserving it against the confusions which history has frequently produced. Moreover the true meaning of this teaching – what precisely it binds Catholics to believe – is not a matter of arbitrary decision. More radical was the position of John Courtney Murray. It has the specific and important merit of having cleared the way for that remarkable and fruitful dialogue between the Church and the world, so ardently proposed and encouraged by that other great Council document, the Pastoral Constitution Gaudium et spes , issued on the very same day. of Dignitatis Humanae. Wedgeworth notes that the Church herself is called on by the declaration to respect and foster religious liberty; but this is a liberty in the civil order. Then, Wedgeworth notes, Dignitatis Humanae explicitly insists that the Church herself is bound to respect and foster the right to religious liberty. Dignitatis Humanae carefully specifies that what it affirms as the natural right to religious freedom is only the second kind of right. But if the very nature of the act of faith opposes its coercion by the state, how can the act of faith ever be legitimately coerced by the Church? For the secular liberal, where liberal values are at stake religion is no more exempt from state coercive direction than is any other area of life. It is not dictated by the natural order alone, and is not a matter of simple natural law. As a key relatio of September 1965 explains, just before the declaration’s final passing: For the schema rests on the traditional doctrine between a double order of human life, that is sacred and profane, civil and religious. It was promulgated on December 7, 1965. The declaration was drafted and presented at Vatican II as a Leonine document that applies to the civil order only, as distinguished by Leo XIII from the order of religion. No doubt many of the Council fathers thought with Maritain and Paul VI that it was, at least for the modern secular age. So the state, whose peculiar purpose it is to provide for the temporal common good, should certainly recognise and promote the religious life of its citizens. Karol Wojtyla and Dignitatis Humanae: A Historical Perspective Dr. Nicholas Healy. Did Dignitatis Humanae contradict previous Catholic doctrine about the right to religious liberty? The previous installments are: Pink: Tyranny, Contradiction or Continuity: A Reformed-Catholic… The Interpretive Principles by Peter A. Kwasniewski In the history of the Church no magisterial document has generated as much controversy and contradiction among its interpreters as the Second Vatican Council's Declaration on Religious Liberty Dignitatis Humanae.By some it has been exalted as the Council's choicest fruit, by others contemned as a flagrant departure from preconciliar … But the coming of Christ has fundamentally changed the nature of religion, from an essential component of the natural happiness served by the authority of the state, to serving a supernatural end that transcends nature – the attainment of the beatific vision in heaven. Pope Francis may favour Church-state separation as did Maritain. With equal certainty it exceeds the limits of its authority if it takes upon itself to direct or prevent religious activity. Transcends state authority long before Vatican II would dictate the content of the of... Sorry, your blog can not permit what would be contradictory of human nature so direct! 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