E
Ender
Guest
No, actually I don’t agree with any of it, but I do think it exposes the real difficulty. Every punishment requires the establishment of guilt; that goes without saying. For the church, what makes any punishment moral is that it is appropriate for the crime, being neither too harsh nor too lenient. That is the primary concern, and is why the catechism (2266) says: “Legitimate public authority has the right and duty to inflict penalties commensurate with the gravity of the crime.”I think there has been a significant change. Prior to JPII teaching on the state’s moral use of capital punishment required two necessary circumstances:
In developing the doctrine, JPII added a third circumstance:
- identity fully determined
- guilt fully determined
If you agree that the state’s prudential calculus on the moral use of capital punishment now must consider the third circumstance and find it also true then we agree so far.
- bloodless means are not available to protect society
Your analysis doesn’t recognize this point, and throughout all the changes to 2267 and the discussion of capital punishment in particular, nothing has changed in 2266 that relates to all punishment in general. What doctrine underlies the “third circumstance” that “bloodless means are not available to protect society”? The protection of society is not the principle objective of punishment in the first place, so how can it determine what punishment is or is not just? What is the argument that the primary objective should be ignored and one of three secondary objectives should take precedence?
The bloodless means argument has completely distorted our understanding of the nature of punishment, and until that problem is resolved we cannot have a sensible argument because we are addressing two different conceptions of what constitutes a just punishment in the first place.
The meaning of “capital punishment is per se contrary to the Gospel” is not ambiguous. Is that an assertion you agree with?However, until I understand the moral meaning of “inadmissible” the teaching remains ambiguous and I cannot follow what I do not understand.