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60 It is agreed that in our time the common good is chiefly guaranteed when personal rights and duties are maintained. The chief concern of civil authorities must therefore be to ensure that these rights are acknowledged, respected, coordinated with other rights, defended and promoted, so that in this way each one may more easily carry out his duties. For "to safeguard the inviolable rights of the human person, and to facilitate the fulfillment of his duties, should be the chief duty of every public authority." (45)
61 This means that, if any government does not acknowledge the rights of man or violates them, it not only fails in its duty, but its orders completely lack juridical force. (46)
45. Cf. Radio Message of Pius XII, Pentecost, June 1, 1941, A.A.S. XXXIII, 1941, p. 200.
46. Cf. Encycl. Mit brennender Sorge of Pius XI, A.A.S. XXIX, 1937, p. 159; and Encycl. Divini Redemptoris , A.A.S. XXIX, 1937, p. 79; and Radio Message of Pius XII, Christmas Eve, 1942, A.A.S. XXXV, 1943, pp. 9-24.
62 One of the fundamental duties of civil authorities, therefore, is to coordinate social relations in such fashion that the exercise of one man's rights does not threaten others in the exercise of their own rights nor hinder them in the fulfillment of their duties. Finally, the rights of all should be effectively safeguarded and, if they have been violated, completely restored. (47)
47. Cf. Encycl. Divini Redemptoris of Pius XI, A.A.S. XXIX, 1937, p. 81; and Radio Message of Pius XII, Christmas Eve, 1942, A.A S. XXXV, 1943, pp. 9-24.
63 It is also demanded by the common good that civil authorities should make earnest efforts to bring about a situation in which individual citizens can easily exercise their rights and fulfill their duties as well. For experience has taught us that, unless these authorities take suitable action with regard to economic, political and cultural matters, inequalities between the citizens tend to become more and more widespread, especially in the modern world, and as a result human rights are rendered totally ineffective and the fulfillment of duties is compromised.
64 It is therefore necessary that the administration give wholehearted and careful attention to the social as well as to the economic progress of the citizens, and to the development, in keeping with the development of the productive system, of such essential services as the building of roads, transportation, communications, water supply, housing, public health, education, facilitation of the practice of religion, and recreational facilities. It is necessary also that governments make efforts to see that insurance systems are made available to the citizens, so that, in case of misfortune or increased family responsibilities, no person will be without the necessary means to maintain a decent standard of living. The government should make similarly effective efforts to see that those who are able to work can find employment in keeping with their aptitudes, and that each worker receives a wage in keeping with the laws of justice and equity. It should be equally the concern of civil authorities to ensure that workers be allowed their proper responsibility in the work undertaken in industrial organization, and to facilitate the establishment of intermediate groups which will make social life richer and more effective. Finally, it should be possible for all the citizens to share as far as they are able in their country's cultural advantages.
65 The common good requires that civil authorities maintain a careful balance between coordinating and protecting the rights of the citizens, on the one hand, and promoting them, on the other. It should not happen that certain individuals or social groups derive special advantage from the fact that their rights have received preferential protection. Nor should it happen that governments in seeking to protect these rights, become obstacles to their full expression and free use. "For this principle must always be retained: that State activity in the economic field, no matter what its breadth or depth may be, ought not to be exercised in such a way as to curtail an individuals freedom of personal initiative. Rather it should work to expand that freedom as much as possible by the effective protection of the essential personal rights of each and every individual." (48)
66 The same principle should inspire the various steps which governments take in order to make it possible for the citizens more easily to exercise their rights and fulfill their duties in every sector of social life.
48. Encycl. Mater et Magistra of John XXIII, A.A.S. LIII, 1961, p. MM 415.
67 It is impossible to determine, in all cases, what is the most suitable form of government, or how civil authorities can most effectively fulfill their respective functions, i.e., the legislative, judicial and executive functions of the State.
68 In determining the structure and operation of government which a State is to have, great weight has to be given to the circumstances of a given people, circumstances which will vary at different times and in different places. We consider, however, that it is in keeping with the innate demands of human nature that the State should take a form which embodies the three-fold division of powers corresponding to the three principal functions of public authority. In that type of State, not only the official functions of government but also the mutual relations between citizens and public officials are set down according to law, which in itself affords protection to the citizens both in the enjoyment of their rights and in the fulfillment of their duties.
69 If, however, this political and juridical structure is to produce the advantages which may be expected of it, public officials must strive to meet the problems which arise in a way that conforms both to the complexities of the situation and the proper exercise of their function. This requires that, in constantly changing conditions, legislators never forget the norms of morality, or constitutional provisions, or the common good. Moreover, executive authorities must coordinate the activities of society with discretion, with a full knowledge of the law and after a careful consideration of circumstances, and the courts must administer justice impartially and without being influenced by favoritism or pressure. The good order of society also demands that individual citizens and intermediate organizations should be effectively protected by law whenever they have rights to be exercised or obligations to be fulfilled. This protection should be granted to citizens both in their dealings with each other and in their relations with government agencies. (49)
49. Cf. Radio Message of Pius XII, Christmas Eve, 1942, A.A.S. XXXV, 1943, p. 21.
70 It is unquestionable that a legal structure in conformity with the moral order and corresponding to the level of development of the state is of great advantage to achievement of the common good.
71 And yet, social life in the modern world is so varied, complex and dynamic that even a juridical structure which has been prudently and thoughtfully established often seems inadequate for the needs of society.
72 It is also true that the relations of the citizens with each other of citizens and intermediate groups with public authorities, and finally of the public authorities with one another, are often so complex and so sensitive that they cannot be regulated by inflexible legal provisions. Such a situation therefore demands that the civil authorities have clear ideas about the nature and extent of their official duties if they wish to maintain the existing juridical structure in its basic elements and principles, and at the same time meet the exigencies of social life, adapting their legislation to the changing social scene and solving new problems. They must be men of great equilibrium and integrity, competent and courageous enough to see at once what the situation requires and to take necessary action quickly and effectively. (50)
50. Cf. Radio Message of Pius XII, Christmas Eve, 1944, A.A.S. XXXVII, 1945, pp. 15-16.
73 It is in keeping with their dignity as persons that human beings should take an active part in government, although the manner in which they share in it will depend on the level of development of the country to which they belong.
74 Men will find new and extensive advantages in the fact that they are allowed to participate in government. In this situation, those who administer the government come into frequent contact with the citizens, and it is thus easier for them to learn what is really needed for the common good. And since public officials hold office only for a specified period of time their authority, far from withering, rather takes on a new vigor in a measure proportionate to the development of human society. (51)
51. Cf. Radio Message of Pius XII, Christmas Eve, 1942, A.A.S. XXXV, 1943, p. 12.
75 From these considerations it becomes clear that in the juridical organization of states in our times the first requisite is that a charter of fundamental human rights be drawn up in clear and precise terms and that it be incorporated in its entirety in the constitution.
76 The second requisite is that the constitution of each state be drawn up, phrased in correct juridical terminology, which prescribes the manner of designating the public officials along with their mutual relations, the spheres of their competence, the forms and systems they are obliged to follow in the performance of their office.
77 The last requisite is that the relations between the government and the governed are then set forth in terms of rights and duties; and it is clearly laid down that the paramount task assigned to government officials is that of recognizing, respecting, reconciling, protecting and promoting the rights and duties of citizens.
78 It is of course impossible to accept the theory which professes to find the original and single source of civic rights and duties, of the binding force of the constitution, and of a government's right to command, in the mere will of human beings, individually or collectively. (52)
79 The tendencies to which We have referred, however, do clearly show that the men of our time are becoming increasingly conscious of their dignity as human persons. This awareness prompts them to claim a share in the public administration of their country, while it also accounts for the demand that their own inalienable and inviolable rights be protected by law. It also requires, that government officials be chosen in conformity with constitutional procedures, and perform their specific functions within the limits of law.
52. Cf. Apostolic letter Annum ingressi of Leo XIII, Acta Leonis XIII, XXII, 1902 1903, pp. 52-80.
80 Our Predecessors have constantly maintained, and We join them in reasserting, that nations are reciprocally subjects of rights and duties. This means that their relationships also must be harmonized in truth, in justice, in a working solidarity, in liberty. The same natural law, which governs relations between individual human beings, serves also to regulate the relations of nations with one another.
81 This is readily clear to anyone if he would consider that the heads of states can in no way put aside their natural dignity while they represent their country and provide for its welfare, and that they are never allowed to depart from the natural law by which they are bound and which is the norm of their conduct.
82 Moreover, it is inconceivable that men because they are heads of government are forced to put aside their human endowments. On the contrary, they occupy this place of eminence for the very reason that they have earned a reputation as outstanding members of the body politic in view of their excellent intellectual endowments and accomplishments.
83 Indeed it follows from the moral order itself that authority is necessary for civil society, for civil society is ruled by authority; and that authority cannot be used to thwart the moral order without instantly collapsing because its foundation has been destroyed. This is the warning of God Himself: "A word, then, for the kings' ears to hear, kings' hearts to heed: a message for you, rulers, wherever you be! Listen well, all you that have multitudes at your command, foreign hordes to do your bidding. Power is none but comes to you from the Lord, nor any royalty but from One who is above all. He it is that will call you to account for your doings with a scrutiny that reads your inmost thoughts." (Sg 6,14)
84 Lastly it is to be borne in mind that also in the regulating of relations between states, authority is to be exercised for the achievement of the common good, which constitutes the reason for its existence.
85 But a fundamental factor of the common good is acknowledgment of the moral order and exact observance of its commands. "A well established order among nations must be built upon the unshakable and unchangeable rock of the moral law, made manifest in the order of nature by the Creator Himself and by Him engraved on the hearts of men with letters than can never be effaced.... Like the rays of a gleaming beacon, its principles must guide the plans and policies of men and nations. From its signals, which give warning and point out the safe and sure course, they must get their norms and guidance if they would not see all their laborious efforts to establish a new order condemned to tempest and shipwreck." (54)
54. Cf. Radio Message of Pius XII, Christmas Eve, 1941, A.A S. XXIV, 1942, p. 16.
86 First among the rules governing the relations between States is that of truth. This calls, above all, for the elimination of every trace of racism, and the consequent recognition of the principle that all States are by nature equal in dignity. Each of them accordingly is vested with the right to existence, to self-development, to the means fitting to its attainment, and to be the one primarily responsible for this self-development. Add to that the right of each to its good name, and to the respect which is its due.
87 Very often, experience has taught us, individuals will be found to differ enormously, in knowledge, power, talent and wealth. From this, however, no justification is ever found for those who surpass the rest to subject others to their control in any way. Rather they have a more serious obligation which binds each and everyone to lend mutual assistance to others in their efforts for improvement.
88 Likewise it can happen that one country surpasses another in scientific progress, culture and economic development. But this superiority, far from permitting it to rule others unjustly, imposes the obligation to make a greater contribution to the general development of the people.
89 In fact, men cannot by nature be superior to others since all enjoy an equal natural dignity. From this it follows that countries too do not differ at all from one another in the dignity which they derive from nature. Individual states are like a body whose members are human beings. Furthermore, we know from experience that nations are wont to be very sensitive in all matters which in any way concern their dignity and honor, and rightly so.
90 Truth further demands that the various media of social communications made available by modern progress, which enable the nations to know each other better, be used with serene objectivity. That need not, of course, rule out any legitimate emphasis on the positive aspects of their way of life. But methods of information which fall short of the truth, and by the same token impair the reputation of this people or that, must be discarded. (55)
55. Cf. Radio Message of Pius XII, Christmas Eve, 1940, A.A.S. XXXIII, 1941, pp. 5 14.
91 Relations between nations are to be further regulated by justice. This implies, over and above recognition of their mutual rights, the fulfillment of their respective duties.
92 Since nations have a right to exist, to develop themselves, to acquire a supply of the resources necessary for their development, to defend their good name and the honor due to them, it follows that they are likewise bound by the obligation of effectively guarding each of these rights and of avoiding those actions by which these rights can be jeopardized. As men in their private enterprises cannot pursue their own interests to the detriment of others, so too states cannot lawfully seek that development of their own resources which brings harm to other states and unjustly oppresses them. This statement of St. Augustine seems to be very apt in this regard: "What are kingdoms without justice but large bands of robbers." (56)
56. De civitate Dei, Book IV, ch. 4; Patrologia Latina, 41, 115; cf. Radio Message of Pius XII, Christmas Eve, 1939, A.A.S. XXXII, 1940, pp. 5-13.
93 Not only can it happen, but it actually does happen that the advantages and conveniences which nations strive to acquire for themselves become objects of contention; nevertheless, the resulting disagreements must be settled, not by force, nor by deceit or trickery, but rather in the only manner which is worthy of the dignity of man, i.e., by a mutual assessment of the reasons on both sides of the dispute, by a mature and objective investigation of the situation, and by an equitable reconciliation of differences of opinion.
94 Closely related to this point is the political trend which since the nineteenth century has gathered momentum and gained ground everywhere, namely, the striving of people of the same ethnic group to become independent and to form one nation. Since this cannot always be accomplished for various reasons, the result is that minorities often dwell within the territory of a people of another ethnic group, and this is the source of serious problems.
90 In the first place, it must be made clear that justice is seriously violated by whatever is done to limit the strength and numerical increase of these lesser peoples; the injustice is even more serious if vicious attempts of this kind are aimed at the very extinction of these groups.
96 It is especially in keeping with the principles of justice that effective measures be taken by the civil authorities to improve the lot of the citizens of an ethnic minority, particularly when that betterment concerns their language, the development of their natural gifts, their ancestral customs, and their accomplishments and endeavors in the economic order. (57)
57. Cf. Radio Message of Pius XII, Christmas Eve, 1941, A.A.S. XXXIV, 1942, pp. 10-21.
97 It should be noted, however, that these minority groups, either because of their present situation which they are forced to endure, or because of past experiences, are often inclined to exalt beyond due measure anything proper to their own people, and to such a degree as to look down on things common to all mankind as if the welfare of the human family must yield to the good of their own ethnic group. Reason rather demands that these very people recognize also the advantages that accrue to them from their peculiar circumstances: for instance, no small contribution is made toward the development of their particular talents and spirit by their daily dealings with people who have grown up in a different culture since from this association they can gradually make their own the excellence which belongs to the other ethnic group. But this will happen only if the minorities through association with the people who live around them make an effort to share in their customs and institutions. Such, however, will not be the case if they sow discord which causes great damage and hinders progress.
98 Since the mutual relations among nations must be regulated by the norm of truth and justice, they must also derive great advantage from an energetic union of mind, heart and resources. This can be effected at various levels by mutual cooperation in many ways, as is happening in our own time with beneficial results in the economic, social, political, educational, public health and sports spheres. We must remember that, of its very nature, civil authority exists, not to confine its people within the boundaries of their nation, but rather to protect, above all else the common good of that particular civil society, which certainly cannot be divorced from the common good of the entire human family.
99 So it happens that civil societies in pursuing their interests not only must not harm others, but must join their plans and forces whenever the efforts of an individual government cannot achieve its desired goals; but in the execution of such common efforts, great care must be taken lest what helps some nations should injure others.
100 Furthermore, the universal common good requires that in every nation friendly relations be fostered in all fields between the citizens and their intermediate societies. Since in many parts of the world there are groups of people of varying ethnic backgrounds, we must be on our guard against isolating one ethnic group from its fellow men. This is clearly inconsistent with modern conditions since distances which separate people from each other have been almost wiped out. Neither are we to overlook the fact that men of every ethnic group, in addition to their own characteristic endowments by which they are distinguished from the rest of men, have other important gifts of nature in common with their fellow men by which they can make more and more progress and perfect themselves, particularly in matters that pertain to the spirit. They have the right and duty therefore to live in communion with one another.
101 Everyone certainly knows that in some parts of the world there is an imbalance between the amount of arable land and the size of the population, and in other parts between the fertility of the soil and available farm implements. Consequently, necessity demands a cooperative effort on the part of the people to bring about a quicker exchange of goods, or of capital, or the migration of people themselves. (58)
58. Cf. Encycl. Mater et Magistra of John XXIII, A.A.S. LIII, 1961, p. 439 MM 1.
102 In this case We think it is most opportune that as far as possible employment should seek the worker, not vice versa. For then most citizens have an opportunity to increase their holdings without being forced to leave their native environment and seek a new home with many a heartache, and adopt a new state of affairs and make new social contacts with other citizens.
103 The sentiment of universal fatherhood which the Lord has placed in Our heart makes Us feel profound sadness in considering the phenomenon of political refugees: a phenomenon which has assumed large proportions and which always hides numberless and acute sufferings.
104 Such expatriations show that there are some political regimes which do not guarantee for individual citizens a sufficient sphere of freedom within which their souls are allowed to breathe humanly; in fact, under those regimes even the lawful existence of such a sphere of freedom is either called into question or denied. This undoubtedly is a radical inversion of the order of human society, because the reason for the existence of public authority is to promote the common good, a fundamental element of which is the recognition of that sphere of freedom and the safeguarding of it.
105 At this point it will not be superfluous to recall that such exiles are persons, and that all their rights as persons must be recognized since they do not lose those rights on losing the citizenship of the states of which they are former members.
106 Now among the rights of a human person there must be included that by which a man may enter a political community where he hopes he can more fittingly provide a future for himself and his dependents. Wherefore, as far as the common good rightly understood permits, it is the duty of that State to accept such immigrants and to help to integrate them into itself as new members.
107 Wherefore, on this occasion, We publicly approve and commend every undertaking, founded on the principles of human solidarity and Christian charity, which aims at making migration of persons from one country to another less painful.
108 And We will be permitted to signal for the attention and gratitude of all right-minded persons the manifold work which specialized international agencies are carrying out in this very delicate field.
109 On the other hand it is with deep sorrow that We note the enormous stocks of armaments that have been and still are being made in more economically developed countries, with a vast outlay of intellectual and economic resources. And so it happens that, while the people of these countries are loaded with heavy burdens, other countries as a result are deprived of the collaboration they need in order to make economic and social progress.
110 The production of arms is allegedly justified on the grounds that in present-day conditions peace cannot be preserved without an equal balance of armaments. And so, if one country increases its armaments, others feel the need to do the same; and if one country is equipped with nuclear weapons, other countries must produce their own, equally destructive.
111 Consequently, people live in constant fear lest the storm that every moment threatens should break upon them with dreadful violence. And with good reason, for the arms of war are ready at hand. Even though it is difficult to believe that anyone would dare bring upon himself the appalling destruction and sorrow that war would bring in its train, it cannot be denied that the conflagration can be set off by some unexpected and unpremeditated act. And one must bear in mind that, even though the monstrous power of modern weapons acts as a deterrent, there is nevertheless reason to fear that the mere continuance of nuclear tests, undertaken with war in mind, can seriously jeopardize various kinds of life on earth.
112 Justice, then, right reason and consideration for human dignity and life urgently demand that the arms race should cease; that the stockpiles which exist in various countries should be reduced equally and simultaneously by the parties concerned; that nuclear weapons should be banned; and finally that all come to an agreement on a fitting program of disarmament, employing mutual and effective controls. In the words of Pius XII, our Predecessor of happy memory: "The calamity of a world war, with the economic and social ruin and the moral excesses and dissolution that accompany it, must not be permitted to envelop the human race for a third time." (59)
59. Cf. Radio Message, Christmas Eve, 1941, A.A.S. XXXIV, 1942, p. 17; and Exhortation of Benedict XV to the rulers of peoples at war, Aug. 1, 1917, A.A.S. IX, 1917, p. 418.
113 All must realize that there is no hope of putting an end to the building up of armaments, nor of reducing the present stocks, nor, still less--and this is the main point--of abolishing them altogether, unless the process is complete and thorough and unless it proceeds from inner conviction: unless, that is, everyone sincerely cooperated to banish the fear and anxious expectation of war with which men are oppressed. If this is to come about, the fundamental principle on which our present peace depends must be replaced by another, which declares that the true and solid peace of nations consists not in equality of arms but in mutual trust alone. We believe that this can be brought to pass, and we consider that, since it concerns a matter not only demanded by right reason but also eminently desirable in itself, it will prove to be the source of many benefits.
114 In the first place, it is an objective demanded by reason. There can be, or at least there should be, no doubt that relations between states, as between individuals, should be regulated not by the force of arms but by the light of reason, by the rule, that is, of truth, of justice and of active and sincere cooperation.
115 Secondly, We say that it is an objective earnestly to be desired in itself. Is there anyone who does not ardently yearn to see dangers of war banished, to see peace preserved and daily more firmly established?
116 And finally, it is an objective which will be a fruitful source of many benefits, for its advantages will be felt everywhere, by individuals, by families, by nations, by the whole human family. The warning of Pius XII still rings in our ears: "Nothing is lost by peace; everything may be lost by war." (60)
60. Cf. Radio Message, Aug. 24,1939, A.A.S. XXXI, 1939, p. 334.
117 Since this is so, We, the Vicar on earth of Jesus Christ, Savior of the World and Author of Peace, and as interpreter of the very profound longing of the entire human family, following the impulse of Our heart, seized by anxiety for the good of all, We feel it Our duty to beseech men, especially those who have the responsibility of public affairs, to spare no pain or effort until world events follow a course in keeping with man's destiny and dignity.
118 In the highest and most authoritative assemblies, let men give serious thought to the problem of a peaceful adjustment of relations between political communities on a world level: an adjustment founded on mutual trust, on sincerity in negotiations, on faithful fulfillment of obligations assumed. Let them study the problem until they find that point of agreement from which it will be possible to commence to go forward towards accords that will be sincere, lasting and fruitful.
119 We, for Our part, will not cease to pray God to bless these labors so that they may lead to fruitful results.
120 It has also to be borne in mind that relations between States should be based on freedom, that is to say, that no country may unjustly oppress others or unduly meddle in their affairs. On the contrary, all should help to develop in others a sense of responsibility, a spirit of enterprise, and an earnest desire to be the first to promote their own advancement in every field.
121 Because all men are joined together by reason of their common origin, their redemption by Christ, and their supernatural destiny, and are called to form one Christian family, We appealed in the Encyclical Mater et Magistra to economically developed nations to come to the aid of those which were in the process of development. (61)
122 We are greatly consoled to see how widely that appeal has been favorably received; and We are confident that even more so in the future it will contribute to the end that the poorer countries, in as short a time as possible, will arrive at that degree of economic development which will enable every citizen to live in conditions more in keeping with his human dignity.
123 But it is never sufficiently repeated that the cooperation, to which reference has been made, should be effected with the greatest respect for the liberty of the countries being developed, for these must realize that they are primarily responsible, and that they are the principal artisans in the promotion of their own economic development and social progress.
124 Our Predecessor Pius XII already proclaimed that "in the field of a new order founded on moral principles, there is no room for violation of freedom, integrity and security of other nations, no matter what may be their territorial extension or their capacity for defense. It is inevitable that the powerful States, by reason of their greater potential and their power, should pave the way in the establishment of economic groups comprising not only themselves but also smaller and weaker States as well. It is nevertheless indispensable that in the interests of the common good they, as all others, should respect the rights of those smaller states to political freedom, to economic development and to the adequate protection, in the case of conflicts between nations, of that neutrality which is theirs according to the natural, as well as international, law. In this way, and in this way only, will they be able to obtain a fitting share of the common good, and assure the material and spiritual welfare of their people." (62)
125 It is vitally important, therefore, that the wealthier states, in providing varied forms of assistance to the poorer, should respect the moral values and ethnic characteristics peculiar to each, and also that they should avoid any intention of political domination. If this is done, Ťa precious contribution will be made towards the formation of a world community, a community in which each member, whilst conscious of its own individual rights and duties, will work in a relationship of equality towards the attainment of the universal common good." (63)
61. A.A.S. LIII, 1961, pp. 440-441.
62. Cf. Radio Message, Christmas Eve, 1941, A.A.S. XXXIV, 1942, pp. 16-17.
63. Encycl. Mater et Magistra of John XXIII, A.A.S. LIII, 1961, p. 443 MM 1.
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