Benedicto XVI y Álvaro d’Ors sobre el derecho Natural

Abstract

In his speech to the Bundestag Benedict XVI suggested to democratic politicians to focus their attention to Europe’s cultural heritage when having to decide on questions pertaining to human dignity. The European cultural heritage has developed through the encounter of Christian theologians, Stoic philosophers and prominent scholars of Roman law. In the Bundestag the Pope offered the concept of such a natural law which finds its roots in creation and conscience. In his address Benedict XVI made reference to a book by Wolfgang Waldstein, a renowned Austrian professor of Roman law. The present paper compares the teaching on natural law of Benedict XVI and Alvaro d’Ors. The paper considers the well known text by the Roman jurist Ulpian – ius naturale est quod natura omnia animalia docuit – and the sentence by Cicero: vera lex est recta ratio imperandi atque prohibendi in the light of the translation and interpretation of Alvaro d’Ors. The paper also comments briefly on a catalogue of subjects belonging to natural law elaborated by Alvaro d’Ors that provides an idea on his legal thinking and is also a good example of his personalist conception of law.