Communio, 2020, R. 40, nr 3 (211)

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Prawo naturalne: Ewangelia i ideologia
Ratzinger, Joseph (Wydawnictwo Pallottinum, 2020)
The article discusses the position of Cardinal Joseph Ratzinger, continued by Pope Benedict XVI, on the sources and essence of natural law in a view of currently in force, dominant positivist approach to the legislative order. Pope Benedict XVI answers the following questions: upon what internal authority the catholic teaching can be based? Where does the spiritual content of this doctrine on natural law come from? What sources is it actually derived from? The intellectual debate on the sources and the essence of law known from the times of Greek antiquity, enriched with the achievements of the Middle Ages and the Renaissance, gained a special resonance during the 17th century period of prosperity of the so-called nature law school. The Pope recognizes the source of universally binding law as a rational and free-will human nature, open to its divine origin. Only such a morally conditioned human existence guarantees that human dignity and subjective rights are treated as inalienable and unquestionable against the claims of other individuals, as well as the socio-political communities established by them.