Kościół a porządek prawny państwa. Katolickie nauczanie społeczne w debacie publicznej

Abstract

The author discusses aspects of the social teaching of the Catholic Church that are important to jurisprudence and often evoked in public debate of democratic society. The Church does not have her own concept of a state legal order. Her participation in public debate is discursive. It is undoubtedly a part of Church’s mission to pass moral judgments even in matters related to politics, whenever the fundamental rights of man require it. The judgments, however, seem to differ according to times and circumstances. It is easily seen when referenda are held on crucial moral issues: divorce, abortion or carrying out embryological research. Usually, the referenda are not inspired by the Church as they seem illegitimate to her: moral principles are not an outcome of democratic process. However, when a referendum is inevitable, the Church sometimes urges the faithful not to participate, sometimes to vote in a certain way. The scope is always the same: to serve the truth about human dignity and to strengthen the protection of values. For these reasons the Church cannot cease to participate in public debate with full openness, even if fields of compromise are particularly narrow like in the issues mentioned.