A Scriptural Death Penalty Case

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There are probably a dozen lay authors who explicitly say the same thing, yet you reject them because they are not “magisterial” …
Ender

Apr '10

I don’t offer my own interpretation of scripture; my comments are based on what the Church teaches.

Ender
What happened?

We ought reject lay authors who would teach that which opposes Church teaching. The addition of “if bloodless means are available” criterion as necessary to permit cp has been adopted and promulgated by every college and synod of bishops I have been able to source. Do you have any who oppose?
 
I don’t offer my own interpretation of scripture; my comments are based on what the Church teaches.

Ender
Please, don’t apply a comment made in one context to another one made in an entirely different context. I’m not interpreting Scripture here. There should be no necessity of citing magisterial sources to explain the plain meaning of words. Besides, both the USCCB and the Montana Bishops Conference explicitly said the same thing I said.
We ought reject lay authors who would teach that which opposes Church teaching.
They are not “teaching” anything; they are simply using the terms the church uses. Besides, when did Cardinal Dulles et al become “lay”? Here is another non-lay observation.

Traditionally, punishment had been justified by three purposes:

(i) Retribution of damaged juridic order. Punishment aims to redress the disorder introduced by the offense, by depriving the offender of a good of a proportionate degree to that which was suffered by the offended, or—in the ultimate analysis—by the society. Hence, the punishment must be commensurate to the gravity of the offense. In any case, retribution cannot be confused with revenge.
(Fr. Jim Achacoso)

Again, he uses the term “retribution” synonymous with “redress the disorder.” How many excuses can you find to continue to deny what ought to be obvious?
The addition of “if bloodless means are available” criterion as necessary to permit cp has been adopted and promulgated by every college and synod of bishops I have been able to source.
You’re avoiding the issue I raised by changing the subject. At the moment the only question I am discussing is whether “redressing the disorder” means “retribution.” I can cite at least a dozen sources making that exact point, clergy and lay. That you refuse to accept this fact doesn’t make it any less true.
 
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Maybe Jesus meant to forgive the violent person 7 x 70 times so he or she could commit that many more times??? Eventually they will see the error of their way and become a good citizen??? Jesus said “go and sin no more” but what if they keep sinning and their sin is. violent?
 
They are not “teaching” anything; they are simply using the terms the church uses. Besides, when did Cardinal Dulles et al become “lay”? Here is another non-lay observation.
Certainly the good cardinal is not a layman but neither is a cardinal-priest magisterial.
Retribution of damaged juridic order. Punishment aims to redress the disorder introduced by the offense,
Yes, punishment aims to redress the disorder. And, of course, retribution (vindication) is one of the purposes of punishment. What you have not provided is a magisterial source teaching that retribution is the primary purpose of punishment.
I can cite at least a dozen sources making that exact point, clergy and lay.
Just a dozen? Theologians are advisors; not teachers. Theologians often disagree. Of the over 5,000 bishops in communion with the Bishop of Rome (including your bishop) in the world, how many hold to your view? None. Rather, acting alone or in collectives, the bishops embrace the teaching.
The reason retribution is used in all these definitions is that it was the common expression prior to the introduction of the rather ambiguous phrase “redress the disorder”. … At the moment the only question I am discussing is whether “ redressing the disorder ” means “ retribution .”
Why do you ignore the magisterial citations already given that provide the answer. Could it be because the magisterial answer does not support your position?
According to the Catechism of the Catholic Church , punishment by civil authorities for criminal activity should serve three principal purposes: (1) the preservation and protection of the common good of society, (2) the restoration of public order, and (3) the restoration or conversion of the offender.

The concept of “redress,” or repair of the harm done to the victims and to society by the criminal activity, is also important to restoring the common good. This often neglected dimension of punishment allows victims to move from a place of pain and anger to one of healing and resolution. In our tradition, restoring the balance of rights through restitution is an important element of justice.

Our society seems to prefer punishment to rehabilitation and retribution to restoration thereby indicating a failure to recognize prisoners as human beings (USCCB, Responsibility, Rehabilitation, and Restoration: A Catholic Perspective on Crime and Criminal Justice, 2016).
It appears we have a case of itchy ear syndrome:
For the time will come when people will not tolerate sound doctrine but, following their own desires and insatiable curiosity,* will accumulate teachers (2 Timothy 4:3).
 
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o_mlly:
What is missing in your citations is the very word, “primary”, that is in dispute. Also absent would be the courteous acknowledgment of " (emphases mine)" .
No, the word primary is not even relevant to what I was addressing.

I was demonstrating solely that “retribution” is synonymous with “redress the disorder” as the church uses, and has used, those terms.

That is what all of my citations show. There are probably a dozen lay authors who explicitly say the same thing, yet you reject them because they are not “magisterial”, as if the ability to understand basic concepts is somehow not available to the lay mind no matter how educated.
I. While one concedes there seems to be (as of yet) no explicit declaration addressed to that specific point from the ecclesiastical magisterium, the crux of contention is the binary decision which of the aforementioned alternatives - (A.) or (B.) - [submitted in Post #306] correctly interprets principally enumerating and optionally prioritizing the various ends of punishment. Ender’s posts have graciously given additional excerpts from the national and supplementary state episcopal conferences overwhelmingly validating Alternative (A.) vis-à-vis the Depositum Fidei.

Given the consensus – via rational inquiry and contemplative reflection – of the schola theologorum (“school of theologians”) may not be “authoritative” in the matter, it does certainly promote a deeper understanding for authentically witnessing to the essential process of ecclesial reception (cf. Second Vatican Ecumenical Council’s Dogmatic Constitution [of 18 November 1965] on Divine Revelation Dei Verbum , nn. 23-24; Second Ecumenical Vatican Council Pastoral Constitution [of 7 December 1965] on the Church in the World of This Time Gaudium et Spes , n. 44, §2; n. 62, §1; Congregation for the Doctrine of the Faith’s Instruction [of 24 May 1990] on the Ecclesial Vocation of the Theologian Donum veritatis , n. 6). In this regard, the following sources conclusively establish and manifestly confirm Alternative (A.) per:
 
(1) “The purpose of punishment has traditionally been described as primarily retributive, though allied to that end are the purposes of prevention, deterrence, and reform.” —Illtud [né John Alban] Evans, O. P.'s “Punishment” in New Catholic Encyclopedia, Vol. XI: Pau to Pyx, pp. 1025-1028 at 1026.
(2) “Retribution is the primary end of punishment, which means that this is what punishment is in the same way that telling the truth is the primary end of making a statement.” —Stanley Hauerwas’s “4. Punishing Christians: A Pacifist Approach to the Issue of Capital Punishment” in Editors Erik C. Owens, John D. Carlson, and Eric P. Elshtain’s Religion and the Death Penalty: A Call for Reckoning, pp. 57-72 at 64.
(3) “However, it is probably best to understand the notion that the ‘primary aim’ of punishment is retribution to mean that retribution is a necessary condition for the existence of any just punishment.” —“Chapter 9. Capital Punishment and the Catholic Tradition: Contradiction, Circumstantial Application, or Development of Doctrine?” in Christopher Kaczor’s The Edge of Life: Human Dignity and Contemporary Bioethics, pp. 133-149 at 137.
(4) “The primary aim of criminal punishment is retribution, which is not revenge but the restoration of the balance of justice, ‘redressing the disorder introduced by the offense’ (CCC #226, EV #56).” —Charles Rice’s “Death Penalty” in Editors Michael L. Coulter, Stephen M. Krason, Richard S. Myers, and Joseph A. Varacalli’s Encyclopedia of Catholic Social Thought, Social Science, and Social Policy. Volume 1: A – J, pp. 282-283 at 282.
(5) “As we have seen, Aquinas understands punishment to have several purposes, and the purpose of punishment most central to its nature is retribution, the reestablishment of the equality of justice, or what EV calls the redress of the disorder caused by the crime.” —“6. Capital Punishment, Evangelium Vitae, and the Thomistic Theory of Punishment” in Peter Karl Koritansky’s Thomas Aquinas and the Philosophy of Punishment, pp. 170-190 at 183.
(6) “The defining purpose of punishment, therefore is retribution. The Catechism acknowledges this by stating that punishment ‘has the primary aim of redressing the disorder introduced by the offense.’” —“Chapter 2. The Justification of Punishment” in E. Christian Brugger’s Capital Punishment and Roman Catholic Moral Tradition [Second Edition], pp. 38-66 at 40.
(7) " . . . retribution is the primary aim of punishment insofar as we must always have retribution in view when punishing, even if we have other aims as well." —“1. Natural Law and Capital Punishment” in Edward Feser and Joseph M. Bessette’s By Man Shall His Blood Be Shed: A Catholic Defense of Capital Punishment, pp. 17-95 at 56-57.
Besides excerpts – problematically understood perhaps? – from authoritative pronouncements, what non-authoritative sources [from the schola theologorum] have even been submitted to present corroborating evidence categorically substantiating the inverse proposition of Alternative (B.)?
 
Pius XII’s argument fails in this respect: No creature by their acts can change their nature. The sinner does not through sin become a beast but remains a human being with all the rights inherent in being human.
It would fail indeed . . . except for the fact Pope Pius XII’s Allocution [of 13 September 1952] to the Participants at the First International Congress on the Histopathology of the Nervous System Ce Premier Congres examines man’s personal dignity, not his rational nature.
 
The church never justified capital punishment on the basis of self defense.
It would seem that that is precisely how the Church, in the person of Pope John Paul II, justified capital punishment:
It is clear that, for these purposes to be achieved, the nature and extent of the punishment must be carefully evaluated and decided upon, and ought not go to the extreme of executing the offender except in cases of absolute necessity: in other words, when it would not be possible otherwise to defend society. Today however, as a result of steady improvements in the organization of the penal system, such cases are very rare, if not practically non-existent.

In any event, the principle set forth in the new Catechism of the Catholic Church remains valid: "If bloodless means are sufficient to defend human lives against an aggressor and to protect public order and the safety of persons, public authority must limit itself to such means, because they better correspond to the concrete conditions of the common good and are more in conformity to the dignity of the human person".
(Evangelium Vitae n. 56, emphasis added)
 
While one concedes there seems to be (as of yet) no explicit declaration addressed to that specific point from the ecclesiastical magisterium …
Two points:
  1. Absent a specific magisterial declaration on this minor issue, one can dismiss or accept the commentary of others. But as to the several general magisterial pronouncements on the meaning of “redress the disorder” as it relates to the death penalty, one must acknowledge that the notion of retribution as primary is not supported.
  2. On the particular issue at hand, the state’s moral duty in its use of the death penalty, the magisterium has revealed the truth. The disorder to be redressed is the disorder in the individual (both sinner and victim) and the disorder in society.
One must remember that that the theologian seeks to explain the truth of what has been revealed. The theologian does not reveal truth. Moreover, philosophy only provides the instruments that allow reason to reach the revealed truths, and not the truth itself.

To bear witness to the truth is therefore a task entrusted to us Bishops … (Fides et Ratio).

These considerations prompt a first conclusion: the truth made known to us by Revelation is neither the product nor the consummation of an argument devised by human reason (Ibid).

The chief purpose of theology is to provide an understanding of Revelation and the content of faith (Ibid).

There are some theologians who prize scientific theology too highly, not taking enough account of the fact that respect for the Magisterium is one of the specific elements of the science of theology (THE ECCLESIASTICAL MAGISTERIUM AND THEOLOGY).
 
Perhaps you missed Pius XII’s Note 5:

The ultimate source from which they derive their power and their dignity is the Creator of human nature.
 
(6) “The defining purpose of punishment, therefore is retribution. The Catechism acknowledges this by stating that punishment ‘has the primary aim of redressing the disorder introduced by the offense.’” —“Chapter 2. The Justification of Punishment” in E. Christian Brugger’s Capital Punishment and Roman Catholic Moral Tradition [Second Edition], pp. 38-66 at 40.
Thank you for these citations; I was unfamiliar with several of them. Regarding the one from E. Christian Brugger, it is significant to note that he is one of the strongest supporters of the idea that JPII was “laying a theoretical foundation for a change (not “development” precisely understood)” to the teaching on capital punishment. That said, he clearly recognizes what is being changed is not just capital punishment, but to some extent punishment itself.

The texts further reveal that not only is a move from retribution to defense being set forth, but also from the paradigm of public defense, with its privileged intentional killing, to the paradigm of private defense, with the attendant principle of double effect permitting killing only as proportionate to stop an aggressor, forbidding straightforward acts of intentional killing. (Rejecting the Death Penalty: Continuity and Change in the Tradition)

While I disagree with Brugger’s conclusion, I can at least admire his willingness to identify the full measure of the issue and take the problem head on without equivocation.

The change to which I am referring, as I have said, would not in all respects be consistent with the Catholic position as traditionally articulated.
Besides excerpts – problematically understood perhaps?
The church has always proclaimed that reason and faith are not contradictory, but reinforcing. There is therefore no need to find where a pope or council has expressly proclaimed something before we are justified in believing it. It is justified by reason. I want to be very careful here to distinguish between mere conviction based on personal interpretation, and conclusions that logic forces us to accept.
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Ender:
The church never justified capital punishment on the basis of self defense.
It would seem that that is precisely how the Church, in the person of Pope John Paul II, justified capital punishment:
Yes, this is Brugger’s position, but it doesn’t seem reasonable to me primarily because it is simply implied in 2267, and contradicts the explicit position laid out in 2266. 2266 is the traditional teaching of the church, goes to the nature of punishment itself, and (I believe) is derived from natural law which is itself “immutable and permanent throughout the variations of history.” (CCC 1958)
 
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SanctusPeccator:
While one concedes there seems to be (as of yet) no explicit declaration addressed to that specific point from the ecclesiastical magisterium …
Two points:
  1. Absent a specific magisterial declaration on this minor issue, one can dismiss or accept the commentary of others.
Hardly “minor” given the extraordinary amount of time expended on its correct interpretation . . .
But as to the several general magisterial pronouncements on the meaning of “redress the disorder” as it relates to the death penalty, one must acknowledge that the notion of retribution as primary is not supported.
While " . . . one must acknowledge that the notion of retribution as primary is not supported" explicitly, rather significant NO sources have been presented explicitly supporting your individual interpretation either . . .
  1. On the particular issue at hand, the state’s moral duty in its use of the death penalty, the magisterium has revealed the truth. The disorder to be redressed is the disorder in the individual (both sinner and victim) and the disorder in society.
Likely so if read synchronically and subsequently interpreted in a reductionist manner [à la the “hermeneutic of discontinuity and rupture”] . . .
One must remember that that the theologian seeks to explain the truth of what has been revealed. The theologian does not reveal truth. Moreover, philosophy only provides the instruments that allow reason to reach the revealed truths, and not the truth itself.

To bear witness to the truth is therefore a task entrusted to us Bishops … (Fides et Ratio).

These considerations prompt a first conclusion: the truth made known to us by Revelation is neither the product nor the consummation of an argument devised by human reason (Ibid).

The chief purpose of theology is to provide an understanding of Revelation and the content of faith (Ibid).

There are some theologians who prize scientific theology too highly, not taking enough account of the fact that respect for the Magisterium is one of the specific elements of the science of theology (THE ECCLESIASTICAL MAGISTERIUM AND THEOLOGY).
Where is this denied otherwise?
 
Perhaps you missed Pius XII’s Note 5:

The ultimate source from which they derive their power and their dignity is the Creator of human nature.
Actually, the citation in question is from Pope Pius XII’s Discourse [of 19 October 1953] to the Sixteenth Congress of the International Office of Documentation for Military Medicine Arrivés au terme, §24 referenced in Note #5 of his subsequent Discourse [of 30 September 1954] to the Eighth Assembly of the World Medical Association Nous sommes heureux.

The reader will note neither of these allocutions even mention the death penalty [in general] or the various ends of punishment [in particular] examined in Pope Pius XII’s Discourse [of 13 September 1952] to the Participants at the First International Congress on the Histopathology of the Nervous System Ce Premier Congres
 
Absent a specific magisterial declaration on this minor issue, one can dismiss or accept the commentary of others.
I just made this point to SanctusPeccator: we do not in fact need to find explicit magisterial pronouncements saying A=C to nonetheless know it is true. If they say A=B, and B=C then logic not only allows us to believe A=C, but forces us to accept it.
But as to the several general magisterial pronouncements on the meaning of “redress the disorder” as it relates to the death penalty, one must acknowledge that the notion of retribution as primary is not supported.
Section 2266 applies to all punishment. There may be other comments that apply solely to capital punishment, but specific comments about capital punishment do not alter the general comments that apply to all punishment. Retribution is the primary objective of punishment, of all punishment, and that is true because it is a matter of justice which applies equally to all crimes.
On the particular issue at hand, the state’s moral duty in its use of the death penalty, the magisterium has revealed the truth.
As I have pointed out before, Francis’ comments in particular are not magisterial; the magisterium has not in fact spoken, which should hardly be surprising given that the US bishops at least don’t understand what has been said and so could hardly be thought to concur with it.
The disorder to be redressed is the disorder in the individual (both sinner and victim) and the disorder in society.
Again, 2266 has remained unchanged, and does not support this vague, generic claim. The objectives of punishment are distinct, and not covered by an overarching concept of “disorder”.

punishment has several purposes: redressing the disorder caused by the offense, i.e., just retribution; defending public order; deterring future wrongdoing; and promoting reform, repentance, and conversion of those who commit evil acts. (USCCB)

Redressing, defending, deterring, and reforming are all separate and distinct objectives. There is nothing whatever in that statement suggesting that redressing encompasses any or all of the others. The nature of sin and punishment does not change depending on the crime, but is fixed and unchanging. The response may vary, but the essential nature does not.
 
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SanctusPeccator:
Besides excerpts – problematically understood perhaps?
The church has always proclaimed that reason and faith are not contradictory, but reinforcing. There is therefore no need to find where a pope or council has expressly proclaimed something before we are justified in believing it. It is justified by reason. I want to be very careful here to distinguish between mere conviction based on personal interpretation, and conclusions that logic forces us to accept.
Should have articulated this phrase with better precision . . . mea culpa! When citations [from authoritative sources] fail to explicitly render a definitive clarification [on disputed questions of interpretation], they are often - as witnessed on this forum - unintentionally misconstrued and/or problematically understood. Sans future intervention from the ecclesiastical magisterium, the legitimacy of the alternative interpretations presented are rationally adduced by the cogency and validity of their content instead of being exclusively restricted to their origin. Hence, the participatory function of the schola theologorum for further refinements in these contested matters . . .
 
Hardly “minor” given the extraordinary amount of time expended on its correct interpretation . . .
Minor in that those few who spend the extraordinary amount of time are the advisors whose advice is rejected. The deciders (bishops) have now for 40 years confirmed the teaching regarding the death penalty.
While " . . . one must acknowledge that the notion of retribution as primary is not supported" explicitly , rather significant NO sources have been presented explicitly supporting your individual interpretation either . . .
I have no interpretation in need of support.
Actually, the citation in question is from Pope Pius XII’s Discourse [of 19 October 1953] to the Sixteenth Congress …
You are correct. I cited the source of Note 5 incorrectly. However, what the pope wrote is more important than where he wrote it. The argument stands.
 
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If they say A=B, and B=C then logic not only allows us to believe A=C, but forces us to accept it.
Do you have magisterial sources that support A=B and B=C? Please define A, B and C and cite the source(s). I think this is a trivial point.
There may be other comments that apply solely to capital punishment, but specific comments about capital punishment do not alter the general comments that apply to all punishment.
This is a good point. Is capital punishment just another degree of punishment? Or is it different in kind? In EV, JPII’s teaching tends to support the latter:

God, who preferred the correction rather than the death of a sinner, did not desire that a homicide be punished by the exaction of another act of homicide". …

Of course we must recognize that in the Old Testament this sense of the value of life, though already quite marked, does not yet reach the refinement found in the Sermon on the Mount. This is apparent in some aspects of the current penal legislation, which provided for severe forms of corporal punishment and even the death penalty. But the overall message, which the New Testament will bring to perfection, is a forceful appeal for respect for the inviolability of physical life and the integrity of the person.

punishment has several purposes: redressing the disorder caused by the offense, i.e., just retribution; defending public order; deterring future wrongdoing; and promoting reform, repentance, and conversion of those who commit evil acts. (USCCB)

Redressing, defending, deterring, and reforming are all separate and distinct objectives. There is nothing whatever in that statement suggesting that redressing encompasses any or all of the others.
No, the id est follows “redressing the disorder” and lists its three primary objectives. Grammatically, one could drop the dependent phrase and the quote would read:

punishment has several purposes: redressing the disorder caused by the offense, and promoting reform, repentance, and conversion of those who commit evil acts.
 
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SanctusPeccator:
Hardly “minor” given the extraordinary amount of time expended on its correct interpretation . . .
Minor in that those few who spend the extraordinary amount of time are the advisors whose advice is rejected. The deciders (bishops) have now for 40 years confirmed the teaching regarding the death penalty.
Curious as to what evidence has been presented explicitly rejecting Alternative (A.) as persuasively advocated by the seven aformentioned sources?
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SanctusPeccator:
While " . . . one must acknowledge that the notion of retribution as primary is not supported" explicitly , rather significant NO sources have been presented explicitly supporting your individual interpretation either . . .
I have no interpretation in need of support.
Possibly so when self-authentication entails circular reasoning?
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SanctusPeccator:
Actually, the citation in question is from Pope Pius XII’s Discourse [of 19 October 1953] to the Sixteenth Congress …
You are correct. I cited the source of Note 5 incorrectly. However, what the pope wrote is more important than where he wrote it. The argument stands.
Quoting out of context [and time] perhaps? So, how can Pope Pius XII’s Discourse Ce Premier Congres discuss man’s rational nature when it’s never mentioned - either explicitly or implicitly - within the actual text?
 
Curious as to what evidence has been presented explicitly rejecting Alternative (A.) as persuasively advocated by the seven aformentioned sources? … Possibly so when self-authentication entails circular reasoning?
“Unicorns exist. Prove me wrong.” One can hardly infer a conclusion from a lack of evidence, so to the claimant belongs the burden of proof. And we have seen no evidence that any bishop or collection of bishops supports “retribution” as synonymous with “redressing the disorder”.

Your own grammatical citation acknowledges that in a list the semicolon as a separator establishes a hierarchy over that which receives only a comma as a separator. In the sentence being examined, we have three semicolons and, therefore, three hierarchical purposes in redressing disorders with none of the three possessing primacy over the other two.
Quoting out of context [and time] perhaps? So, how can Pope Pius XII’s Discourse Ce Premier Congres discuss man’s rational nature when it’s never mentioned - either explicitly or implicitly - within the actual text ?
When one fails in facts, one often turns to argue process.
 
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SanctusPeccator:
Curious as to what evidence has been presented explicitly rejecting Alternative (A.) as persuasively advocated by the seven aformentioned sources?
“Unicorns exist. Prove me wrong.” One can hardly infer a conclusion from a lack of evidence, so to the claimant belongs the burden of proof. And we have seen no evidence that any bishop or collection of bishops supports “retribution” as synonymous with “redressing the disorder”.
Is not your particularly novel interpretation merely an indirect application of this exact standard? While unicorns are non-existent, horses most certainly do exist by the [negatively] iterative process of elimination. A competent equine veterinarian does not rely solely on the authoritative Horseman’s Veterinary Encyclopedia to diagnose new variants of Potomac Horse Fever; they also judiciously consult the secondary sources [of other certified colleagues] to devise and refine the appropriate course of treatment . . .
Your own grammatical citation acknowledges that in a list the semicolon as a separator establishes a hierarchy over that which receives only a comma as a separator. In the sentence being examined, we have three semicolons and, therefore, three hierarchical purposes in redressing disorders with none of the three possessing primacy over the other two.
Highly untenable assertion given only Alternative (A.) has been properly demonstrated - aside from the aforecited supplementary sources - via lexical categories, i. e., grammatical formatives; distinctive features; morphological composition; and concomitant syntactic construction, punctuation units, and conceptual meaning of the pertinent text . . .
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SanctusPeccator:
Quoting out of context [and time] perhaps? So, how can Pope Pius XII’s Discourse Ce Premier Congres discuss man’s rational nature when it’s never mentioned - either explicitly or implicitly - within the actual text ?
When one fails in facts, one often turns to argue process.
Ipse dixit perhaps?
 
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