The Catholic Lawyer

Volume 9 Number 3 Volume 9, Summer 1963, Number 3 Article 3

Pacem in Terris - Human Rights and Duties in Natural Law

Pope John XXIII

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T HE encyclical on establishing universal peace in truth, justice, charity, and liberty-to give it its full title-is a lengthy document running to some 20,000 words divided into five parts. We print below the full text of the third, fourth and fifth parts which form half the whole encyclical and contain its most specific judgments, and precede this with the summary of the argument developed in the first and second parts. These are a recapitulation of traditional Catholic teaching in which the late pontifj frequently cites his venerated predecessors so that of some seventy.refer- ences to quotations no fewer than fifty occur in parts I and II. Summarized portions are printed in italics, and extracts from the encyclical in Roman type. The argument begins with the Creation as bringing order out of chaos, and then contrasts the turmoil of individual men and peoples with the perfect order of the universe; but men have a sense of order and justice imprinted in their minds by their Creator, so that the laws by which men must govern their relations with each other are quite unlike the natural laws governing the forces of the material universe. A human being is a person whose nature is to enjoy intelligence and free will, and from this come both his rights and his duties. The rights of man are to life, bodily integrity, and the means that are necessary and suitable for the proper development of life-primarily food, clothing, shelter, rest, medical care, and social services, including social security against hardship. Natural law gives every human being "the right to freedom in searching for truth and in expressing and communicating his opinions and in pursuit of art, within the limits laid down by the moral order and the common good; and he has the right to be informed truthfully about public events." Natural law, says the Pope, also gives man "the right to share in the benefits of culture and therefore the right to a basic education and a technical and professional PACEM IN TERRIS

training in keeping with the stage of educa- For any human society that is established on tional development in the country to which relations of force must be regarded as in- he belongs." He also "has the right to hon- human, inasmuch as the personality of its our God according to the dictates of an members is repressed or restricted, when in upright conscience and therefore the right to fact they should be provided with appropri- worship God privately and publicly." Hu- ate incentives and means for developing and man beings have the natural right "to free perfecting themselves. initiative in the economic field and the right Such then is human society, to be orga- to work," and to work in good conditions nized for harmonious co-operation and and to a just wage. Men also have the right needing abundant resources, so that the to private property, even of productive creation of wealth takes a high priority. Hu- goods, though private property brings a man society is a great spiritual reality and social duty with it. There is a right of asso- must nourish spiritual values. ciation and a right to freedom of movement, The Marks of Modern Society including immigration, and there is a right to take part in public affairs. Pius XII is The Pope then looks at contemporary so- quoted as saying that the individual must ciety to note three distinctive characteristics: not be regardedas a merely passive element First of all, the working classes have in the social order. gradually gained ground in economic and public affairs. They began by claiming their Duties and Responsibilities rights in the socio-economic sphere. They To all this there corresponds an equally extended their action then to claims on the wide range of duties, to every right a cor- political level. And finally they applied responding duty; because there is a right to themselves to the acquisition of the benefits life there is a duty to preserve it; a right to a of a more refined culture. Today, therefore, decent standard of living means a duty to workers all over the world refuse to be live decently; a right to investigate the truth treated as if they were irrational objects means the duty to seek it; and to every man without freedom, to be used at the arbitrary other men's rights spell duties for him to disposition of others. They insist that they observe. But these rights and duties must be should be always regarded as men with a exercised in freedom: share in every sector of human society: in The dignity of the human person requires the social and economic sphere, in the fields that every man enjoy the right to act freely of learning and culture, and in public life. and responsibly. For this reason, therefore, Secondly, it is obvious to everyone that in social relations man should exercise his women are now taking a part in public life. rights, fulfil his obligations and, in the This is happening more rapidly perhaps in countless forms of collaboration with others, nations of Christian civilization, and, more act chiefly on his own responsibility and slowly but broadly, among peoples who initiative. This is to be done in such a way have inherited other traditions or cultures. that each one acts on his own decision, of Since women are becoming ever more con- set purpose and from a consciousness of his scious of their human dignity, they will not obligation, without being moved by force or tolerate being treated as mere material in- pressure brought to bear on him externally. struments, but demand rights befitting a 9 CATHOLIC LAWYER, SUMMER 1963 human person both in domestic and in pub- be to ensure that these rights are acknowl- lic life. edged, respected, co-ordinated with other Finally, the modern world, as compared rights, defended and promoted, so that in with the recent past, has taken on an en- this way each one may more easily carry out tirely new appearance in the field of social his duties. For "to safeguard the inviolable and political life. For, since all nations have rights of the human person, and to facilitate either achieved or are on the way to achiev- the fulfilment of his duties, should be the ing independence, there will soon no longer essential office of every public authority" exist a world divided into nations that rule (Pius XII, Radio Message, June 1st, 1941). others and nations that are subject to others. This means that, if any government does Men all over the world have today-or not acknowledge the rights of man or vio- will soon have-the rank of citizens in inde- lates them, it not only fails in its duty, but pendent nations. No one wants to feel sub- its orders completely lack juridical force. ject to political powers located outside his One of the fundamental duties of civil own country or ethnical group. Thus in very authorities, therefore, is to co-ordinate so- many human beings the inferiority complex cial relations in such fashion that the exer- which endured for hundreds and thousands cise of one man's rights does not threaten of years is disappearing, while in others others in the exercise of their own rights nor there is an attenuation and gradual fading hinder them in the fulfilment of their duties. of the corresponding superiority complex Finally, the rights of all should be effectively which had its roots in social-economic privi- safeguarded and, if they have been violated, leges, sex or political standing. completely restored. From this it follows that "racial discrimi- Governments thus have a right and a duty nation can no longer be justified at least to counteract the tendencies that would de- doctrinally or in theory." This concludes the velop in an unregulated society without first part. giving preferential protection to particular groups. "State activity in the economic field, The Individual and the State no matter what its breadth or depth may be, Part II begins with the divine origin of ought not to be exercised in such a way as authority, quoting St. John Chrysostom and to curtail an individual's freedom of per- Pius XII, and the consequent duty of rulers sonal initiative," he quotes from Mater et not to abuse their power but always to seek Magistra. The Pope goes on to consider the the common good. Ethnic characteristicsare structure of public authority. to be respected as part of the common good It is impossible to determine, once and for their communities, and here there is a for all, what is the most suitable form of reference back to Mater et Magistra. Gov- government, or how civil authorities can ernments must cherish the rights of indi- most effectively fulfil their respective func- viduals, and the orders of a government tions, i.e., the legislative, judicial and execu- which does not do so will lack juridicalforce: tive functions of the State. In determining It is agreed that in our time the common the structure and operation of government good is chiefly guaranteed when personal which a State is to have, great weight has to rights and duties are maintained. The chief be given to the historical background and concern of civil authorities must therefore circumstances of given political communi- PACEM IN TERRIS ties, circumstances which will vary at dif- and the ruled, and written constitutions can ferent times and in different places. We be very useful to proclaim guiding rules and consider, however, that it is in keeping with agreed objectives. the innate demands of human nature that Part 11t: RELATIONS BETWEEN STATES the State should take a form which embodies the three-fold division of powers corre- Subjects of Rights and Duties sponding to the three principal functions of Our predecessors have constantly main- public authority. In that type of State, not tained, and we join them in reasserting, that only the official functions of government but political communities are reciprocally sub- also the mutual relations between citizens jects of rights and duties. This means that and public officials are set down according their relationships also must be harmonized to law, which in itself affords protection to in truth, in justice, in a working solidarity, citizens both in the enjoyment of their rights in liberty. The same moral law, which gov- and in the fulfilment of their duties. erns relations between individual human If, however, this political and juridical beings, serves also to regulate the relations structure is to produce the advantages which of political communities with one another. may be expected of it, public officials must This will be readily understood when one strive to meet the problems which arise in a reflects that the individual representatives of way that conforms both to the complexities political communities cannot put aside their of the situation and the proper exercise of personal dignity while they are acting in the their function. This requires that, in con- name and interest of their countries; and stantly changing conditions, legislators never that they cannot therefore violate the very forget the norms bf morality, or constitu- law of their being, which is the moral law. tional provisions, or the objective require- It would be absurd, moreover, even to ments of the common good. Moreover, imagine that men could surrender their own executive authorities must co-ordinate the human attributes, or be compelled to do so, activities of society with a discretion, with a by the very fact of their appointment to full knowledge of the law, and after a careful public office, whereas they have been given consideration of circumstances, and the that noble assignment precisely because the courts must administer justice impartially wealth of their human endowments has and without being influenced by favouritism earned them their reputation as outstanding or pressure. The good order of society also members of the body politic. Furthermore, demands that individual citizens and inter- authority is a necessary requirement of the mediate organizations should be effectively moral order in human society. It may not protected by law whenever they have rights therefore be used against that order; and to be exercised or obligations to be fulfilled. the very instant such an attempt were made, This protection should be granted to citizens it would cease to be authority, as the Lord both in their dealings with each other and has warned us: "A word, then, for the king's in their relations with government agencies. ears to hear, king's hearts to heed: a mes- Citizens should be enabled to participate sage for you, rulers, wherever you be! Listen in one way or another in the public life of well, all you that have multitudes at your their communities, so that there may be command, foreign hordes to do your bid- close contact all the time between the rulers ding. Power is none but comes to you from 9 CATHOLIC LAWYER, SUMMER 1963

the Lord, nor any royalty but from One who ably, in knowledge, virtue, talent and wealth. is above all. He it is that will call you to Yet, these inequalities must never be held to account for your doings with a scrutiny that excuse any man's attempt to lord it over his reads your inmost thoughts" (Wisdom vi: neighbours unjustly. They constitute rather 2-4). a source of greater responsibility in the con- Lastly it is to be borne in mind that also tribution which each and everyone must in the regulating of relations between politi- make towards mutual improvement. cal communities, authority is to be exercised Similarly, political communities may have for the achievement of the common good, reached different levels of culture, civiliza- which constitutes the reason for its existence. tion or economic development. Neither is But a fundamental factor of the common that a sufficient reason for some to take good is acknowledgement of the moral order unjust advantage of their superiority over and respect for its prescriptions. "Order be- others; rather should they see in it an added tween the political communities must be motive for more serious commitment to the built upon the unshakable and unchangeable common cause of social progress. rock of the moral law, made.manifest in the It is not true that some human beings are order of nature by the Creator Himself and by nature superior, and others inferior. All by Him engraved on the hearts of men with men are equal in their natural dignity. Con- letters that may never be effaced .... Like sequently there are no political communities the rays of a gleaming beacon, its principles which are superior by nature and none must guide the plans and policies of men which are inferior by nature. All political and nations. These are the signals-of warn- communities are of equal natural dignity, ing, safety and smooth sailing - they will since they are bodies whose membership is have to heed, if they would not see all their made up of these same human beings. Nor laborious efforts to establish a new order must it be forgotten, in this connection, that condemned to tempest and shipwreck" (Pius peoples can be highly sensitive, and with XII, Christmas Message, 1941). good reason, in matters touching their dig- nity and honour. In Truth Truth further demands that the various First among the rules governing the rela- media of social communications made avail- tions between States is that of truth. This able by modern progress, which enables the calls, above all, for the elimination of every nations to know each other better, should trace of racism, and the consequent recogni- be used with serene objectivity, That need tion of the principle that all States are by not, of course, rule out any legitimate em- nature equal in dignity. Each of them ac- phasis on the positive aspects of their way cordingly is vested with the right to exist- of life. But methods of information which ence, to self-development, to the means fall short of the truth, and by the same token fitting to its attainment, and to be the one impair the reputation of this people or that, primarily responsible for his self-develop- must be discarded. ment. Add to that the right of each to its good name, and to the respect which is its In Justice due. Very often, experience has taught us, Relations between political communities individuals will be found to differ consider- are to be further regulated by justice. This PACEM IN TERRIS implies, over and above recognition of their and to the relative complex problems. mutual rights, the fulfilment of their respec- In the first place, it must be made clear tive duties. that justice is seriously violated by what- Political communities have the right to ever is done to limit the strength and numer- existence, to self-development and to the ical increase of these lesser peoples; the means necessary for this. They have the injustice is even more serious if such sinful right to play the leading part in the process projects are aimed at the very extinction of of their own development and the right to these groups. their good name and due honours. From On the other hand, the demands of jus- which it follows as a simultaneous conse- tice are admirably observed by those civil quence that they have also the correspond- authorities who promote the natural better- ing duty of respecting these rights in others ment of those citizens belonging to a smaller and of avoiding any act of violation. Just as ethnic group, particularly when that better- an individual man may not pursue his own ment concerns their language, the develop- interests to the detriment of other men, so, ment of their natural gifts, their ancestral on the international level, one State may not customs, and their accomplishments and develop itself by restricting or oppressing endeavours in the economic order. that these other States. St. Augustine rightly says: It should be noted, however, "What are kingdoms without justice but minority groups, either because of a reaction bands of robbers?" (Civ. Dei. iv:4). to their present situation or because of their inclined to Not only can it happen, but it actually historical difficulties, are often does happen that the advantages and con- exalt beyond due measure anything proper them veniences which nations strive to acquire to their own people, so as to place as if that which for themselves become objects of conten- even above human values, tion; nevertheless, the resulting disagree- is proper to humanity were to be at the proper to the nation. ments must be settled, not by force, nor by service of that which is that these very deceit or trickery, but rather in the only Reason rather demands that manner which is worthy of the dignity of people recognize also the advantages circum- man, i.e., by a mutual assessment of the accrue to them from their peculiar reasons on both sides of the dispute, by a stances; for instance, no small contribution of their mature and objective investigation of the is made towards the development their daily situation, and by an equitable reconciliation particular talents and spirit by of differences of opinion. dealings with people who have grown up in a different culture. This, however, will be true The Treatment of Minorities only if they will know how to act as a bridge, From the nineteenth century there has which facilitates the circulation of life in its tradi- been a rather widespread tendency in histo- various expressions among different rical evolution for political communities to tions or civilizations, and not a zone of equate themselves with national communi- discord which can cause great damage and ties. However, for various reasons, it has not choke natural development. always been possible to make geographical Active Solidarity boundaries coincide with ethnic ones; this gives rise to the phenomenon of minorities Certainly relations between States must 9 CATHOLIC LAWYER, SUMMER 1963

be regulated by the norms of truth and jus- nature to meet each other in the world of tice, but they also derive great benefits from spiritual values, whose progressive assimil- active solidarity, through mutual co-opera- ation opens to them the possibility of per- tion on various levels, such as, in our own fection without limits. They have the right times, has already taken place with laudable and duty therefore to live in communion results in the economic, social, political, with one another. educational, health and sport spheres. We must remember that, of its very nature, The Proper Balance Between civil authority exists, not to confine its Population, Land and Capital people within the boundaries of their nation, As everybody knows, there are countries but rather to protect, above all else, the com- with an abundance of arable land and a mon good of that particular civil society, scarcity of man-power, while in other coun- which certainly cannot be divorced from tries there is no proportion between natural the common good of the entire human resources and the capital available. This de- family. mands that people should set up relation- This entails not only that civil societies ships of mutual collaboration, facilitating should pursue their particular interests with- the circulation from one to the other of capi- out hurting others, but also that they should tal, goods, and manpower. join forces and plans whenever the efforts Here we deem it opportune to remark of an individual government cannot achieve that, whenever possible, the work to be done its desired goals; but, in the execution of should be taken to the workers, not vice such common efforts, great care must be versa. taken lest what helps some nations should In this way a possibility of a better future injure others. is offered to many persons without being Furthermore, the universal common good forced to leave their own environment in requires that in every nation friendly rela- order to seek residence elsewhere, which tions be fostered in all fields between the almost entails the heart-ache of separation citizens and their intermediate societies. and difficult periods of adjustment and There are groupings of people of more social integration. or less different racial backgrounds. How- ever, the elements which characterize an The Problem of Political Refugees ethnic group must not be transformed into The sentiment of universal fatherhood a watertight compartment in which human which the Lord has placed in our heart beings are prevented from communicating makes us feel profound sadness in consider- with their fellowmen belonging to different ing the phenomenon of political refugees: a ethnic groups. That would contrast with our phenomenon which has assumed large pro- contemporary situation, in which the dis- portions and which always hides numberless tances separating peoples have been almost and acute sufferings. wiped out. Nor can one overlook the fact Such expatriations show that there are that, even though human beings differ from some political r6gimes which do not guar- one another by virtue of their ethnic pecu- antee for individual citizens a sufficient liarities, they all possess certain essential sphere of freedom within which their souls common elements, and are inclined by are allowed to breathe humanly; in fact, PACEM IN TERRIS under those r6gimes even the lawful exist- that, while the people of these countries are ence of such a sphere of freedom is either loaded with heavy burdens, other countries called into question or denied. This un- as a result are deprived of the collaboration doubtedly is a radical inversion of the order they need in order to make economic and of human society, because the reason for social progress. the existence of public authority is to pro- The production of arms is allegedly justi- mote the common good, a fundamental ele- fied on the grounds that in present-day con- ment of which is the recognition of that ditions peace cannot be preserved without sphere of freedom and the safeguarding of it. an equal balance of armaments. And so, if At this point it will not be superfluous to one country increases its armaments, others recall that such exiles are persons, and that feel the need to do the same; and if one all their rights as persons must be recog- country is equipped with nuclear weapons, nized, since they do not lose those rights on other countries must produce their own, losing the citizenship of the States of which equally destructive. they are former members. Consequently, people live in constant fear Now among the rights of a human person lest the storm that every moment threatens there must be included that by which a man should break upon them with dreadful vio- may enter a political community where he lence. And with good reason, for the arms hopes he can more fittingly provide a future of war are ready at hand. Even though it is for himself and his dependents. Wherefore, difficult to believe that anyone would delib- as far as the common good rightly under- erately take the responsibility for the appal- stood permits, it is the duty of that State to ling destruction and sorrow that war would accept such immigrants and to help to inte- bring in its train, it cannot be denied that grate them into itself as new members. the conflagration may be set off by some Wherefore, on this occasion, we publicly incontrollable and unexpected chance. And approve and commend every undertaking, one must bear in mind that, even though founded on the principles of human soli- the monstrous power of modern weapons darity and Christian charity, which aims at acts as a deterrent, it is to be feared that the making migration of persons from one mere continuance of nuclear tests, under- country to another less painful.. taken with war in mind, will have fatal con- And we will be permitted to signal for sequences for life on the earth. the attention and gratitude of all right- Justice, then, right reason and humanity minded persons the manifold work which urgently demand that the arms race should specialized international agencies are carry- cease; that the stockpiles which exist in va- ing out in this very delicate field. rious countries should be reduced equally and simultaneously by the parties con- Disarmament cerned; that nuclear weapons should be On the other hand, it is with deep sorrow banned; and that a general agreement should that we note the enormous stocks of arma- eventually be reached about progressive dis- ments that have been and still are being armament and an effective method of con- made in more economically developed trol. In the words of Pius XII, our prede- countries, with a vast outlay of intellectual cessor of happy memory: "The calamity of and economic resources. And so it happens a world war, with the economic and social 9 CATHOLIC LAWYER, SUMMER 1963 ruin and the moral excesses and dissolution by peace; everything may be lost by war" that accompany it, must not be permitted to (Radio Message, August 24th, 1939). enevelop the human race for a third time" Since this is so, we, the Vicar on earth of (Christmas Message, 1941). Jesus Christ, Saviour of the World and All must realize that there is no hope of Author of Peace, and as interpreter of the putting an end to the building up of arma- very profound longing of the entire human ments, nor of reducing the present stocks, family, following the impulse of our heart, nor, still less, of abolishing them altogether, seized by anxiety for the good for all, we unless the process is complete and thorough feel it our duty to beseech men, especially and unless it proceeds from inner convic- those who have the responsibility of public tion: unless, that is, everyone sincerely co- affairs, to spare no labour in order to ensure operates to banish the fear and anxious that world events follow a reasonable and expectation of war with which men are op- human course. pressed. If this is to come about, the funda- In the highest and most authoritative as- mental principle on which our present peace semblies, let men give serious thought to depends must be replaced by another, which the problem of a peaceful adjustment of declares that the true and solid peace of relations between political communities on nations consists not in equality of arms but a world level; an adjustment founded on in mutual trust alone. We believe that this mutual trust, on sincerity in negotiations, can be brought to pass, and we consider on faithful fulfilment of obligations as- that it is something which reason requires, sumed. Let them study the problem until that it is eminently desirable in itself and they find that point of agreement from that it will prove to be the source of many which it will be possible to commence to go benefits. forward towards accords that will be sin- In the first place, it is an objective de- cere, lasting and fruitful. manded by reason. There can be, or at least We, for our part, will not cease to pray there should be, no doubt that relations God to bless these labours so that they may between States, as between individuals, lead to fruitful results. should be regulated not by the force of arms In Liberty but by the light of reason, by the rule, that It has lilso to be borne in mind that is, of truth, of justice and of active and sin- relations between States should be based on cere co-operation. freedom, that is to say, that no country may Secondly, we say that it is an objective unjustly oppress others or unduly meddle in earnestly to be desired in itself. Is there their affairs. On the contrary, all should anyone who does not ardently yearn to see help to develop in others a sense of respon- war banished, to see peace preserved and sibility, a spirit of enterprise, and an earnest daily more firmly established? desire to be the first to promote their own And finally, it is an objective which will advancement in every field. be a fruitful source of many benefits, for its advantages will be felt everywhere, by indi- The Evolution of Economically viduals, by families, by nations, by the Under-developed Countries whole human family. The warning of Pius Because all men are joined together by XII still rings in our ears: "Nothing is lost reason of their common origin, their re- PACEM IN TERRIS 191 demption by Christ, and their supernatural the natural, as well as international, law. In destiny, and are called to form one single this way, and in this way only, will they be family, we appealed in the encyclical Mater able to obtain a fitting share of the common et Magistra to economically developed na- good, and assure the material and spiritual tions to come to the aid of those which were welfare of their people" (Christmas Mes- in the process of development. sage, 1941). We are greatly consoled to see how It is vitally important, therefore, that the widely that appeal has been favourably re- wealthier States, in providing varied forms ceived; and we are confident that even more of assistance to the poorer, should respect so in the future it will contribute to the end the moral values and ethnic characteristics that the poorer countries, in as short a time peculiar to each, and also that they should as possible, will arrive at that degree of avoid any intention of political domination. economic development which will enable If this is done, "a precious contribution will every citizen to live in conditions in keeping be made towards the formation of a world with his human dignity. community, a community in which each But it is never sufficiently repeated that member, whilst conscious of its own indi- the co-operation, to which reference has vidual right and duties, will work in a rela- been made, should be effected with the tionship of equality towards the attainment greatest respect for the liberty of the coun- of the universal common good" (Mater et tries being developed, for these must realize Magistra, AAS LIII:443). that they are primarily responsible, and that they are the principal artisans in the promo- Signs of the Times tion of their own economic development Men are becoming more and more con- and social progress. vinced that disputes which arise between Our predecessor Pius XII already pro- States should not be resolved by recourse to claimed that "in the field of a new order arms, but rather by negotiation. founded on moral principles, there is no It is true that on historical grounds this room for violation of freedom, integrity and conviction is based chiefly on the terrible security of other nations, no matter what destructive force of modern arms; and it is may be their territorial extension or their nourished by the horror aroused in the capacity for defence. It is inevitable that the mind by the very thought of the cruel de- powerful States, by reason of their greater struction and the immense suffering which potential and their power, should pave the the use of those armaments would bring to way in the establishment of economic groups the human family; and for this reason it is comprising not only themselves but also hardly possible to imagine that in the atomic smaller and weaker States as well. It is era war could be used as an instrument of nevertheless indispensable that in the inter- justice. ests of the common good they, as all others, Nevertheless, unfortunately, the law of should respect the rights of those smaller fear still reigns among peoples, and it forces states to political freedom, to economic de- them to spend fabulous sums for arma- velopment and to the adequate protection, ments: not for aggression, they affirm-and in the case of conflicts between nations, of there is no reason for not believing them- that neutrality which is theirs according to but to dissuade others from aggression. 9 CATHOLIC LAWYER, SUMMER 1963

There is reason to hope, however, that by gree of its prosperity and development is a meeting and negotiating, men may come to reflection and a component part of the discover better the bonds that unite them degree of prosperity and development of together, deriving from the human nature all the other political communities. which they have in common; and that they may also come to discover that one of the Insufficiency of Modern States to most profound requirements of their com- Ensure the Universal Common Good mon nature is this: that between them and The unity of the human family has always their respective peoples it is not fear which existed, because its members were human should reign but love, a love which tends beings all equal by virtue of their natural to express itself in a collaboration that is dignity. Hence there will always exist the loyal, manifold in form, and productive of objective need to promote, in sufficient many benefits. measure, the universal common good, that is, the common good of the entire human Part IV: RELATIONSHIP OF MEN AND family. OF POLITICAL COMMUNITIES In times past, one would WITH THE WORLD COMMUNITY be justified in feeling that the public authorities of the Interdependence Between different political communities might be in Political Communities a position to provide for the universal com- Recent progress of science and technol- mon good, either through normal diplomatic ogy has profoundly affected human beings channels or through top-level meetings, by and influenced men to work together and making use of juridical instruments such as live as one family. There has been a great conventions and treaties, for example: juri- increase in the circulation of ideas, of per- dical instruments suggested by the natural sons and of goods from one country to an- law and regulated by the law of nations and other, so that relations have become closer international law. between individuals, families and interme- As a result of the far-reaching changes diate associations belonging to different which have taken place in the relations political communities, and between the between the human family, the universal public authorities of those communities. At common good gives rise to problems which the same time the interdependence of na- are complex, very grave and extremely tional economics has grown deeper, one urgent, especially as regards security and becoming progressively more closely related world peace. On the other hand, the public to the other, so that they become, as it authorities of the individual political com- were, integral parts of the one world econ- munities-placed as they are on a footing omy. Likewise the social progress, order, of equality one with the other-no matter security and peace of each country are nec- how much they multiply their meetings or essarily connected with the social progress, sharpen their wits in efforts to draw up new order, security and peace of all other coun- juridical instruments, are no longer capable tries. of facing the task of finding an adequate At the present day no political commu- solution to the problems mentioned above. nity is able to pursue its own interests and And this is not due to a lack of good-will or develop itself in isolation, because the de- of a spirit of enterprise, but because of a PACEM IN TERRIS structural defect which hinders them. concrete form, must be set up by common It can be said, therefore, that at this his- accord and not imposed by force. The rea- torical moment the present system of organ- son is that such an authority must be in a ization and the way its principle of authority position to operate effectively; yet, at the operates on a world basis no longer corre- same time, its action must be inspired by spond to the objective requirements of the sincere and real impartiality: in other words, universal common good. it must be an action aimed at satisfying the objective requirements of the universal Connection Between the Common Good common good. The difficulty is that there and Political Authority would be reason to fear that a super-national There exists an intrinsic connection be- or worldwide public authority, imposed by tween the common good on the one hand force by the more powerful political com- and the structure and function of public au- munities, might be or might become an thority on the other. The moral order, which instrument of onesided interests; and even needs public authority in order to promote should this not happen, it would be difficult the common good in human society, requires for it to avoid all suspicion of partiality in also that the authority should be effective its actions, and this would take from the in attaining that end. This demands that the efficaciousness of its activity. organs through which the authority is Even though there may be pronounced formed, becomes operative and pursues its differences between political communities ends, must be composed and act in such a as regards the degree of their economic de- manner as to be capable of bringing to real- velopment and their military power, they ization the new meaning which the common are all very sensitive as regards their juridi- good is taking on in the historical evolution cal equality and their moral dignity. For of the human family. that reason, they are right in not easily Today the universal common good poses yielding in obedience to an authority im- problems of world-wide dimensions, which posed by force, or to an authority in whose cannot be adequately tackled or solved creation they had no part, or to which they except by the efforts of public authorities themselves did not decide to submit by con- endowed with a wideness of powers, struc- scious and free choice. ture and means of the same proportions: that is, of public authorities which are in a The Universal Common Good position to operate in an effective manner and Personal Rights on a world-wide basis. The moral order it- Like the common good of individual self, therefore, demands that such a form of political communities, so too the universal public authority be established. common good cannot be determined except by having regard to the human person. Public Authority Instituted by Common Therefore, the public authority of the world Consent and Not Imposed by Force community, too, must have as its funda- A public authority, having world-wide mental objective the recognition, respect, power and endowed with the proper means safeguarding and promotion of the rights of for the efficacious pursuit of its objective, the human person; this can be done by di- which is the universal common good in rect action when required, or by creating on 9 CATHOLIC LAWYER, SUMMER 1963 a world scale an environment in which the fields. The United Nations Organization had public authorities of the individual political as its essential purpose the maintenance and communities can more easily carry out their consolidation of peace between peoples, specific functions. fostering between them friendly relations, based on the principles of equality, mutual The Principle of Subsidiarity respect, and varied forms of co-operation in Just as within each political community every sector of human society. the relations between individuals, families, An act of the highest importance per- intermediate associations and public author- formed by the United Nations Organization ity are governed by the principle of subsidi- was the Universal Declaration of Human arity, so too the relations between the Rights, approved in the General Assembly public authority of each political commu- of December 10, 1948. In the preamble of nity and the public authority of the world that Declaration, the recognition and re- community must be regulated by the light spect of those rights and respective liber- of the same principle. This means that the ties is proclaimed as an ideal to be pursued public authority of the world community by all peoples and all countries. must tackle and solve problems of an eco- Some objections and reservations were nomic, social, political or cultural character raised regarding certain points in the Dec- which are posed by the universal common laration. There is no doubt, however, that good. For, because of the vastness, com- the document represents an important step plexity and urgency of those problems, the on the path towards the juridical-political public authorities of the individual States organization of the world community. For are not in a position to tackle them with in it, in most solemn form, the dignity of a any hope of a positive solution. person is acknowledged to all human beings; The public authority of the world com- and as a consequence there is proclaimed, munity is not intended to limit the sphere as a fundamental right, the right of free of action of the public authority of the movement in the search for truth and in the individual political community, much less attainment of moral good and of justice, to take its place. On the contrary, its pur- and also the right to a dignified life, while pose is to create, on a world basis, an en- other rights connected with those mentioned vironment in which the public authorities are likewise proclaimed. of each political community, its citizens and It is our earnest wish that the United Na- intermediate associations, can carry out tions Organization - in its structure and in their tasks, fulfill their duties and exercise its means - may become ever more equal to their rights with greater security. the magnitude and nobility of its tasks, and that the day may come when every human Modern Developments being will find therein an effective safeguard As is known, the United Nations Organi- for the rights which derive directly from his zation (UNO) was established on June 26, dignity as a person, and which are therefore 1945, and to it there were subsequently universal, inviolable and inalienable rights. added intergovernmental agencies with ex- This is all the more to be hoped for since tensive international tasks in the economic, all human beings, as they take an ever more social, cultural, educational and health active part in the public life of their own PACEM IN TERRIS political communities, are showing an Apostolate of a Trained Laity increasing interest in the affairs of all We desire to call attention to the fact that peoples, and are becoming more consciously scientific competence, technical capacity and aware that they are living members of a professional experience, although necessary, world community. are not of themselves sufficient to elevate the relationships of society to an order that is genuinely human: that is, to an order whose Part V: PASTORAL EXHORTATIONS foundation is truth, whose measure and Duty of Taking Part in Public Life objective is justice, whose driving force is love, and whose method of attainment is Once again we deem it opportune to re- freedom. mind our children of their duty to take an For this end it is certainly necessary that active part in public life, and to contribute human beings should carry on their own towards the attainment of the common good temporal activities in accordance with the of the entire human family as well as to that laws governing them and following the of their own political community. They methods corresponding to their nature. But should endeavour, therefore, in the light of at the same time it is also necessary that the faith and with the strength of love, to en- they should carry on those activities as acts sure that the various institutions-whether within the moral order: therefore, as the economic, social, cultural or political in pur- exercise or vindication of a right, as the ful- pose-should be such as not to create obsta- filment of a duty or the performance of a cles, but rather to facilitate or render less service, as a positive answer to the provi- arduous man's perfecting of himself both dential design of God directed to our salva- in the natural order as well as in the super- tion. In other words, it is necessary that natural. human beings, in the intimacy of their own Scientific Competence, Technical consciences, should so live and act in their Capacity and Professional Experience temporal lives as to create a synthesis between scientific, technical and profes- Nevertheless, in order to imbue civiliza- sional elements on the one hand, and spiri- tion with sound principles and enliven it tual values on the other. with the spirit of the gospel, it is not enough to be illumined with the gift of faith and Integration of Faith and Action enkindled with the desire of forwarding a It is no less clear that today, in tradition- good cause. For this end it is necessary to ally Christian nations, secular institutions, take an active part in the various organiza- although demonstrating a high degree of sci- tions and influence them from within. And entific and technical perfection, and effi- since our present age is one of outstanding ciency in achieving their respective ends, not scientific and technical progress and excel- infrequently are but slightly affected by lence, one will not be able to enter these Christian motivation or inspiration. organizations and work effectively from It is beyond question that in the creation within unless he is scientifically competent, of those institutions many contributed and technically capable and skilled in the prac- continue to contribute who were believed to tice of his own profession. be and who consider themselves Christians; 9 CATHOLIC LAWYER, SUMMER 1963

and without doubt, in part at least, they were be applied to reality. and are. How does one explain this? It is And the perception of those degrees and our opinion that the explanation is to be forms is all the more difficult in our times, found in an inconsistency in their minds which are marked by a pronounced dyna- between religious belief and their action in mism. For this reason, the problem of bring- the temporal sphere. It is necessary, there- ing social reality into line with the objective fore, that their interior unity be re-estab- requirements of justice is a problem which lished, and that in their temporal activity will never admit of a definitive solution. faith should be present as a beacon to give Meanwhile, our children must watch over light, and charity as a force to give life. themselves lest they relax and feel satisfied with objectives already achieved. Integral Education In fact, all human beings ought rather to It is our opinion too, that the above-men- reckon that what has been accomplished is tioned inconsistency between the religious but little in comparison with what remains to. faith, in those who believe, and their activi- be done: because organs of production, trade ties in the temporal sphere, results - in great unions, associations, professional organiza- part if not entirely - from the lack of a solid tions, insurance systems, legal systems, Christian education. Indeed, it happens in political r6gimes, institutions for cultural, many quarters and too often that there is health, recreational or sporting purpose- no proportion between scientific training these must all be adjusted to the era of the and religious instruction: the former con- atom and of the conquest of space: an era tinues and is extended until it reaches higher which the human family has already entered, degrees, while the latter remains at elemen- wherein it has commenced its new advance tary level. It is indispensable, therefore, that towards limitless horizons. in the training of youth, education should be complete and without interruption: Relations Between Catholics and Non- namely, that in the minds of the young, Catholics in Social and Economic Affairs religious values should be cultivated and The doctrinal principles outlined in this the moral conscience refined, in a man- document derive from or are suggested by ner to keep pace with the continuous and requirements inherent in human nature ever more abundant assimilation of scien- itself, and are, for the most part, dictates of tific and technical knowledge. And it is the natural law. They provide Catholics, indispensable too that they be instructed re- therefore, with a vast field in which they can garding the proper way to carry out their meet and come to an understanding both actual tasks. with Christians separated from this Apostol- ic See, and also with human beings who are Constant Endeavour not enlightened by faith in Jesus Christ, but We deem it opportune to point out how who are endowed with the light of reason difficult it is to understand clearly the rela- and with a natural and operative honesty. tion between the objective requirements of "In such relations let the faithful be care- justice and concrete situations, namely, to ful to be always consistent in their actions, perceive the degrees and forms in which so that they may never come to any compro- doctrinal principles and directives ought to mise in matters of religion and morals. At PACEM IN TERRIS the same time, however, let them be, and movements, working on historical situations show themselves to be, animated by a spirit in constant evolution, cannot but be influ- of understanding and detachment, and dis- enced by these latter and cannot avoid, posed to work loyally in the pursuit of ob- therefore, being subject to changes, even of jectives which are of their nature good, or a profound nature. Besides, who can deny conducive to good" (Mater et Magistra, that those movements in so far as they con- AAS LIII: 456). form to the dictates of right reason and are However, one must never confuse error interpreters of the lawful aspirations of the and the person who errs, not even when human person, contain elements that are there is question of error or inadequate positive and deserving of approval? knowledge of truth in the moral or religious It can happen, then, that a drawing nearer field. The person who errs is always and together or a meeting for the attainment of above all a human being, and he retains in some practical end, which was formerly every case his dignity as a human person; deemed inopportune or unproductive, might and he must be always regarded and treated now or in the future be considered oppor- in accordance with that lofty dignity. Be- tune and useful. But to decide whether this sides, in every human being, there is a need moment has arrived, and also to lay down that is congenital to his nature and never be- the ways and degrees in which work in com- comes extinguished, compelling him to break mon might be possible for the achievement through the web of error and open his mind of economic, social, cultural and political to the knowledge of truth. And God will ends which are honourable and useful: these never fail to act on his interior being, with are the problems which can only be solved the result that a person, who at a given with the virtue of prudence, which is the moment of his life lacks the clarity of faith guiding light of the virtues that regulate the or even adheres to erroneous doctrines, can moral life, both individual and social. There- at a future date be enlightened and believe fore, as far as Catholics are concerned, this the truth. Meeting and agreements, in the decision rests primarily with those who live various sectors of daily life, between believ- and work in the specific sectors of human ers and those who do not believe or believe society in which those problems arise, insufficiently because they adhere to error, always, however, in accordance with the can be occasions for discovering truth and principles of the natural law, with the social paying homage to it. doctrine of the Church, and with the direc- It must be borne in mind, furthermore, tives of ecclesiastical authority. For it must that neither can false philosophical teach- not be forgotten that the Church has the ings regarding the nature, origin and destiny right and the duty not only to safeguard the of the universe and of man, be identified principles of ethics and religion, but also with historical movements that have eco- to intervene authoritatively with Her chil- nomic, social, cultural or political ends, not dren in the temporal sphere, when there is a even when these movements have originated question of judging about the application of from those teachings and have drawn and those principles to concrete cases. still draw inspiration therefrom: because the teachings, once they are drawn up and Little by Little defined, remain always the same, while the There are some souls, particularly en- 9 CATHOLIC LAWYER, SUMMER 1963 dowed with generosity, who, on finding situ- them to persevere in their work with ever ations where the requirements of justice are greater zeal. And we are comforted by the not satisfied or not satisfied in full, feel en- hope that their number will increase espe- kindled with the desire to change the state cially among those who believe. For it is an of things, as if they wished to have recourse imperative of duty; it is a requirement of to something like a revolution. love. Every believer in this world of ours It must be borne in mind that to proceed must be a spark of light, a centre of love, a gradually is the law of life in all its expres- vivifying leaven amidst his fellowmen; and sions; therefore in human institutions, too, he will be this all the more perfectly the it is not possible to renovate for the better more closely he lives in communion with except by working from within them, gradu- God in the intimacy of his own soul. ally. Pius XII proclaimed: "Salvation and In fact, there can be no peace between justice are not to be found in revolution, men unless there is peace within each one of but in evolution through concord. Violence them; unless, that is each one builds up has always achieved only destruction, not within himself the order wished by God. construction; the kindlings of passions, not Hence St. Augustine asks: "Does your soul their pacification; the accumulation of hate desire to overcome your lower inclinations? and ruin, not the reconciliation of the con- Let it be subject to Him who is on high and tending parties. And it has reduced men and it will conquer the lower self: there will be parties to the difficult task of rebuilding, peace in you; true, secure and well-ordered after sad experience, on the ruins of discord" peace. In what does that order consist? God (Address to Workers, June 13th, 1943). commands the soul; the soul commands the body; and there is nothing more orderly than An Immense Task this." There is an immense task incumbent on all men of good will, namely, the task of The Prince of Peace restoring the relations of the human family These words of ours, which we have in truth, in justice, in love and in freedom: wished to dedicate to the problems that the relations between individual human most beset the human family today and on beings; between citizens and their respective the just solution of which the ordered prog- political communities; between political ress of society depends, are dedicated by a communities themselves; between individ- profound aspiration which we know is uals, families, intermediate associations and shared by all men of good will: the consoli- political dommunities on the one hand, and dation of peace in the world. the world community on the other. This is As the humble and unworthy Vicar of a most exalted task, for it is the task of Him whom the Prophet announced as the bringing about true peace in the order estab- "Prince of Peace," we have the duty to ex- lished by God. pend all our energies in an effort to protect Admittedly, those who are endeavour- and strengthen this gift. However, peace will ing to restore the relations of social life be but an empty-sounding word unless it is according to the criteria mentioned above, founded on the order which this present are not many; to them we express our pater- document has outlined in confident hope: nal appreciation, and we earnestly invite an order founded on truth, built according PACEM IN TERRIS to justice, vivified and integrated by charity, transform them into witnesses of truth, and put into practice in freedom. justice and brotherly love. May He en- This is such a noble and elevated task that lighten the rulers of peoples so that, in human resources, even though inspired by addition to their solicitude for the proper the most praiseworthy goodwill, cannot welfare of their citizens, they may guarantee bring it to realization alone. In order that and defend the great gift of peace; may He human society may reflect as faithfully as enkindle the wills of all, so that they may possible the Kingdom of God help from on overcome the barriers that divide, cherish high is necessary. For this reason, during the bonds of mutual charity, understand these sacred days our supplication is raised others, and pardon those who have done with greater fervour towards Him who by them wrong; by virtue of His action, may His painful Passion and death overcame sin all peoples of the earth become as brothers, - the root of discord and the source of sor- and may the most longed-for peace blossom rows and inequalities - and by His blood forth and reign always between them. reconciled mankind to the Eternal Father: As a pledge of this peace, and with the "For he himself is our peace, he it is that ardent wish that it may shine forth on the hath made both one.... And coming he an- Christian communities entrusted to your nounced the good tidings of peace to you care, especially for the benefit of those who who were afar off, and of peace to those are most lowly and in the greater need of who were near" (Eph. ii: 14-17). help and defence, we are glad to impart to And in the liturgy of these days we hear you, Venerable Brothers, to the priests both the announcement: "Our Lord Jesus Christ, secular and religious, to the religious men after His resurrection, stood in the midst of and women and to the faithful of your dio- His disciples and said, 'Peace be to you,' ceses, particularly to those who make every alleluia: the disciples rejoiced seeing the effort to put these exhortations of ours into Lord" (Matins for Easter Friday). practice, our Apostolic Blessing in propi- He leaves us peace, He brings us peace: tiation of heavenly favours. Finally, upon "Peace I leave with you, my peace I give all men of good-will, to whom this encyc- to you; not as the world gives do I give to lical letter is also addressed, we implore you" (John xiv: 27). This is the peace from Almighty God health and prosperity. which we implore of Him with the ardent Given at Rome at St. Peter's, on Holy yearning of our prayer. Thursday, the eleventh day of April, in the May He banish from the hearts of men year 1963, the fifth of our Pontificate. whatever might endanger peace, may He JOHN XXIII