On the Authority of Papal Encyclicals

Abstract

In this article Böckenförde connects two of the most important concerns throughout his life: the freedom of man and the constitution of the Catholic Church. Böckenförde shows that papal encyclicals are inherently fallible, demonstrated historically for example with reference to magisterial statements on religious freedom, which as late as the nineteenth century condemned religious freedom as leading to the dissolution of the divinely given order of truth. Böckenförde shows that this position is based on a perceived unity of morality and juridical law, which fails to distinguish their respective functions. Böckenförde then discusses the ‘Declaration on Religious Freedom’ by Vatican II as an epochal shift from the right of truth to the right of the person, endorsed with a theological legitimation, namely the dignity of the human person arising from the likeness of God. Böckenförde also proposes that the authority of encyclicals is dependent on the question of how far encyclicals are open to internal criticism, which does not signal a lack of faith, but rather an important corrective that needs to be taken into account by the magisterium based on the concept of sensus fidelium. Without such engagement, the connection between the authority of the teaching staff, which traditionally provides meaningful orientation, and the faithful’s willingness to follow, is in danger of dissolution. As Böckenförde elucidates with reference to the Codex Iuris Canonici of 1983, the political practice inside the Church is far from permitting such engagement. Böckenförde’s concluding remarks are dedicated to the need for canon law reform.