Joseph Cardinal Höffner CHRISTIAN SOCIAL ... - Ordo Socialis
Joseph Cardinal Höffner CHRISTIAN SOCIAL ... - Ordo Socialis
Joseph Cardinal Höffner CHRISTIAN SOCIAL ... - Ordo Socialis
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towards absolutism“ (Georges Ripert). 61 Since property arises from greater or less thrift and<br />
industry, it gravitates automatically, as it were, towards the ‘best innkeeper’ in the competitive<br />
process. Limitations are not immanent within the right of ownership, but are prescriptions<br />
of morality or of positive law added from without.<br />
These theses were rejected even in the liberal nineteenth century by numerous critics as an<br />
expression of the „basest, most wanton egoism“ (Rudolf v. Ihering), 62 of a „one-sided, romantic<br />
jurisprudence as well as of an individualistic philosophy“ (Gustav Schmoller), 63 and as a<br />
„fundamentally individualistic, capitalistic, antisocial view“ (Otto v. Gierke), 64 with the observation<br />
that the social bond is „immanent to ownership“ and belongs „to the definition of<br />
ownership“ (Martin Wolff). 65<br />
2. Individual and Social Function<br />
The twofold aspect of ownership, i.e., its individual and social function, results, according to<br />
the Christian understanding, from the reasons adduced for the system of private ownership<br />
(see above, pp. ?). „Social function“ (in Quadragesimo anno ratio socialis, indoles socialis)<br />
does not mean a „social mortgage“ on property which is in itself individualistic, but the inner<br />
social relatedness of property as such. Whereas the individual function of consumer goods<br />
consists in the meeting of daily needs and that of durable goods in the development of personal<br />
initiative as well as in providing for the future of a man and his family, the social function<br />
demands that all strata of the population have a livelihood worthy of a human being and<br />
the „concrete possibility“ of acquiring ownership of capital goods (a home, the means of production,<br />
and the like) (Pius XII). In the service of these goals, the state can not only regulate<br />
the use of property through ordering „restricted use“ (Pius XII), for instance, but also circumscribe<br />
the right to ownership more narrowly. As the „other elements of social life“ so too the<br />
right of ownership „is not absolutely unchanging.“ What divers forms has property had, from<br />
that primitive form among rude and savage peoples...to the form of possession in the patriarchal<br />
age; and so further to the various forms under tyranny...then through the feudal and monarchial<br />
forms down to the various types which are to be found in more recent times“ (Quadragesimo<br />
anno, 49). In the encyclical „Populorum Progressio,“ Pope Paul VI gives this summary<br />
explanation: „The right to property is not absolute and unconditional. No one may appropriate<br />
surplus goods solely for his own private use when others lack the bare necessities of<br />
life. In short, as the fathers of the Church and other eminent theologians tell us, the right of<br />
private property may never be exercised to the detriment of the common good.’ When ‘private<br />
gain and basic community needs conflict with one another’, it is for the public authorities ‘to<br />
seek a solution to these questions, with the active involvement of individual citizens and social<br />
groups’.“ (n.23)<br />
§ 6 The Crisis of the Economic Function of Private Ownership in Modern<br />
Society<br />
l. The Fourfold Crisis of the Function of Private Ownership.<br />
Since it is proper to Christian social teaching to be a binding theory, it must apply its principles<br />
to current conditions. In the light of the natural-law foundation of private ownership, four<br />
functional crises of ownership can be discerned in modern society:<br />
61 Cf. H. Peter, Wandlung der Eigentumsordnung und der Eigentumslehre seit dem 19. Jh. (Aarau, 1949), 103.<br />
62 Ibid., 40.<br />
63 Ibid., 49.<br />
64 Ibid., 51.<br />
65 Ibid., 12.<br />
113