Religious Freedom between the Conflicting Demands of Church and State [1964–79]
Böckenförde regards ‘De Libertate Religiosa’, the declaration of the Second Vatican Council on religious freedom, as the belated triumph of liberalism in Church dogma, finally reconciling the truth claims of Catholic teachings with the demands of individual liberty. This was achieved by separating the hitherto unified spheres of law and morality: Whereas all pre-Council declarations (as well as prominent early Protestant thinkers) reduced man to an object of truth as administered by the Church, more or less continuing the polis cult of antiquity and plunging Europe into confessional wars, the encyclical of 1965 for the first time accepted the legal liberty of every individual, theologically justified in the concept of man’s likeness to God. Law, in this entirely new understanding (that is, new to the Church), does not deal with salvation and eternal truths, but rather is seen as a necessary system to guarantee liberty and societal peace. Consequently, the Catholic Church, while morally upholding its understanding of truth, signalled its readiness to relinquish the privileges it had traditionally enjoyed in Catholic countries. Though Böckenförde makes clear that the impulses for such a radical change in dogma must be found outside the Church, namely in the gradual adoption of religious neutrality on behalf of the secular state, he credits the Church with providing the modern state with an unprecedented quality of legitimacy. In his view, religious freedom thus is no longer a field of contestation, but rather a field of possible cooperation between church and state.