State, Law, Religion. Dialogue between Jürgen Habermas and Joseph Ratzinger

Abstract

The paper discusses the main arguments and conclusions from the debate “Moral and pre-political foundations of the liberal state,” which took place on 19 January 2004 in Munich between Jürgen Habermas and Joseph Ratzinger. It situates in a circle of topics present for some time in the public discourse of the West, while today returning with particular force, on the foundations of the liberal state, the question of positive law—whether it is to depend only on the will of the parliamentary majority or should derive from deeper sources—the presence of religion in public space in the era of post-Enlightenment privatization in post-saecular society, the correlation between faith and reason. They also condition the delicate issues that have emerged in recent decades: Europe and its roots, Christianity and political space, the objectives of civil law, the issues of life, family, and human embryo.