Pope Benedict XVI's Legal Thought

Front Cover
Marta Cartabia, Andrea Simoncini
Cambridge University Press, Mar 5, 2015 - Biography & Autobiography - 238 pages
Throughout Pope Emeritus Benedict XVI's pontificate he spoke to a range of political, civil, academic, and other cultural authorities. The speeches he delivered in these contexts reveal a striking sensitivity to the fundamental problems of law, justice, and democracy. His contribution goes well beyond the community of Catholic believers, since he didn't rely on moral or doctrinal arguments, but on what all humans have in common : reason. This book takes on Benedict XVI's pivotal question "How do we recognize what is right?" in contemporary democratic and pluralistic constitutional contexts, and discusses five speeches in which the Pope Emeritus reflected most explicitly on this issue along with the commentary from a number of distinguished legal scholars from different cultural and religious backgrounds. It responds to Benedict's invitations to re-open a public conversation on the limits of positivist reason ; to leave the windowless "bunker" in which positivism has confined human reason ; and to reach out for a wider understanding of human possibilities, in the name of the "whole breadth of reason". Although the topics of each address vary, they nevertheless are grounded on a series of core ideas, which Benedict sketches, unpacks, and develops in an organic and coherent way to formulate a "public teaching" of justice and law -- 4e de couverture.
 

Contents

More Than a Religious Issue
33
Human Dignity Without God? Reflections on Some
46
Reason Revelation
57
Faith and Reason in the Regensburg Address
125
Religious Freedom in the Political Speeches of Pope
137
The Contribution of Benedict XVI
150
Human Rights Human Dignity
165
Concerning the Doctrine of Democracy in Benedict XVI
187
Acting Contrary to Reason Is Contrary to Gods Nature
205
Where Democracy Begins
213
Contributors
227
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About the author (2015)

Marta Cartabia, full professor of constitutional law, is a Member of the Italian Constitutional Court since 2011, currently serving as Deputy President. She has taught in a number of Italian universities and was a visiting scholar and professor in France, Germany and the United States. Andrea Simoncini is currently a full professor of constitutional law at the University of Florence, Italy. In 2009 he was Fulbright Distinguished Lecturer at Notre Dame University where he was also a visiting professor at the Law School.