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Joseph Cardinal Höffner CHRISTIAN SOCIAL ... - Ordo Socialis

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new formal object is exhibited here; rather, only a certain field of the application of legal justice<br />

is emphasized. Against the interpretive sense of Gustav Gundlach, which is tempting in<br />

itself, it is to be objected that the traditional legal justice in no way lacks a dynamic character.<br />

Thomas Aquinas presupposes that the one responsible for the common good has, like an artist,<br />

‘architectonically’ beheld the shape of the order to be realized in his mind. Only then can<br />

he make political decisions and enact laws in a meaningful way. Consequently, the proper<br />

function of legal justice lies prior to legislation, namely, in the creative, political conception<br />

that takes shape in legislation and government policy. It would therefore better correspond to<br />

the essence and function of legal justice if it were not called „legal“, but „common-good justice“<br />

or „social justice.“ It would also be an etatist constriction to limit common-good justice<br />

to the state and its common good. Its field of application is broader. It exercises its office not<br />

only in the state, but also in territorial authorities, in the professional classes, in the Church,<br />

and so on, and thus wherever it is a question „of the dynamically conceived common good“<br />

(Gaudium et spes, 74)<br />

§ 3 Social Justice and Social Love<br />

1. Justice and love do not exclude each other, but secure in their mutual connection the existence<br />

and the development of human society. „Both radiate from the same spirit of God, both<br />

are a program for and a seal of the dignity of the spirit of man. Both complement each other,<br />

work together, animate and support one another, and lend each other a hand on the road to<br />

harmony and peace“ (Pius XII). Rights have something harsh and divisive about them; they<br />

are independent of feeling and inclination. „Justice alone can, if faithfully observed, remove<br />

the causes of social conflict but can never bring about union of minds and hearts.“ Social<br />

peace and collaboration among men presupposes a „mutual bond of minds and hearts“, which<br />

does not mean that „charity can substitute for justice which is due as an obligation and is<br />

wrongfully denied“ (Quadragesimo anno, 137). The laborer „is not to receive alms what is his<br />

due in justice. And let no one attempt with trifling charitable donations to exempt himself<br />

from the great duties imposed by justice (Divini redemptoris, 49).<br />

2. Thomas Aquinas probably coined the term „social love“ (dilectio socialis) (De caritate, a.<br />

9). The expression is employed today in close connection with social justice. Thus, in the encyclical<br />

Quadragesimo anno, for example, it is explained that social justice permeates state<br />

and social institutions, but that social love must be operative as the soul of this order. Social<br />

groups must „deeply feel themselves members of one great family and children of the same<br />

Heavenly Father; nay, that they are one body in Christ (n.137). Here it is presupposed that<br />

man is able to fulfill the duties of social love out of the power of love of God and neighbor<br />

embracing it. In contradistinction to conjugal love, filial love, sibling love, and the love of<br />

friends, social love, understood in the narrower sense, is the community- building, well wishing,<br />

and self-surrendering recognition and affirmation of the values lying in social ties and<br />

groups as well as the share in the common good accruing to individuals and groups. Social<br />

love is prepared for selfless service to the common good and grants each one his or her social<br />

position. Important tasks are set for social love, especially in relation of estates, professions,<br />

groups, and classes to one another. Social love strives to overcome conflicts through understanding.<br />

It sees and seeks that which is unitive and common. It takes away the coldness and<br />

the stringency from the demands of justice. Nothing contradicts it so much as class hatred.<br />

Even if disputes between classes that remain within limits do not automatically offend against<br />

social love, social justice as well as social love demand in this situation that everything be<br />

staked in order to eliminate class division through a new ordering of social relations. (Cf.<br />

Quadragesimo anno, 114). Incidentally, social love not infrequently clears the way for social<br />

45

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