A Christian Vision of Freedom and Democracy: Neutrality as an Obstacle to Freedom

The Tennessee Journal of Law & Policy, Volume 9, Issue 3 (Spring 2014)

University of Louisville School of Law Legal Studies Research Paper Series No. 2015-01

75 Pages Posted: 8 Feb 2014 Last revised: 9 Jan 2015

See all articles by Karen Jordan

Karen Jordan

University of Louisville - Louis D. Brandeis School of Law

Date Written: February 7, 2014

Abstract

This article presents the underlying vision for the argument that principles of liberal neutrality pose a genuine obstacle to freedom in democratic society. Concern is growing that liberty and justice are unattainable in modern democratic societies grounded in neutrality, including the United States. Experience has demonstrated significant shortcomings of the modern freedom movements grounded in political theories, which – along with the theory of neutrality – reject the need for core substantive values to guide law and policy. The underlying basis of such theories is a particular modern conception of freedom. But a well-grounded and reasoned alternative vision of human freedom exists; a distinctively Christian vision of human freedom as understood in light of philosophical and theological study of God’s revelation to man. A comprehensive treatment of the Christian vision of human freedom can be gleaned from the scholarly work of Cardinal Joseph Ratzinger, currently Pope Emeritus Benedict XVI. From this alternative perspective, freedom is promoted and safeguarded only when core substantive values and moral insights are respected as the point of reference for law and justice in society, a condition which posits a role for the State in prudently fostering respect for those values and insights. Because this alternative vision is often misunderstood, the purpose of the article is to present a concise but in-depth synthesis of the writings of Ratzinger bearing on human freedom and democracy and to thereby encourage dialogue leading to a more moderate use of neutrality principles.

Keywords: religion and the law, liberty, freedom, abortion, Cardinal Joseph Ratzinger, Pope Emeritus Benedict XVI

JEL Classification: K10

Suggested Citation

Jordan, Karen, A Christian Vision of Freedom and Democracy: Neutrality as an Obstacle to Freedom (February 7, 2014). The Tennessee Journal of Law & Policy, Volume 9, Issue 3 (Spring 2014), University of Louisville School of Law Legal Studies Research Paper Series No. 2015-01, Available at SSRN: https://ssrn.com/abstract=2392425 or http://dx.doi.org/10.2139/ssrn.2392425

Karen Jordan (Contact Author)

University of Louisville - Louis D. Brandeis School of Law ( email )

Wilson W. Wyatt Hall
Louisville, KY 40292
United States

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