Pope Innocent III also declared that the abortion of a fetus that had not yet taken human form is not murder. But that would be a red herring.
He correctly noted that it is a sin distinct from murder and carries it’s own penalties. That is exactly what the Church teaches today, abortion carried an automatic excommunication in addition to being mortally sinful. So why bother bringing it up? Did you think that Pope Innocent did not think abortion was gravely sinful, or that is was LESS sinful that murder? ( he, like Aquinas considered it graver)
I will note only that the Church does not teach that applications of the death penalty cannot be licit now, it just has determined that the balance of conflicting obligations is best met predominantly without it today.
Which I agree, predominatly, but not completely.
That is quite false. In CHRISTFIDELES LAICI, as well as EVANGELIUM VITAE, Pope John Paul II made it clear that the right to life is absolute, in “every stage” and “every condition”.
The Right to Life is, but he, as did Pope Pius, recognized that the criminal forfieted the right to life upon commision of the crime.
Pope Pius XII, like John Paul II, argued that the right to life cannot be abridged by anyone, not even the state:
Correct, the State does not deny anyone the Right to Life when it executes them, they had already done that to themselves.
The condemned forces the state to exercise its need to protect. The state cannot rightfully take what is given by God.
But note that Cardinal Dulles, as did Cardinal Bernadine and all the Church, especially in the Council of Trent, note that when the State DOES execute the criminal, it does so as God’s agent.
Look at your quote. The state’s actions are licit, not because of a right to punish or achieve retribution, but because:
That is correct, it is necessary to execute the criminal to preserve life.
Note the line directly below the one you bolded. It tell HOW to preserve life
For the purpose of the law is to protect and foster human life. This purpose is fulfilled when the legitimate authority of the State is exercised by taking the guilty lives of those who have taken innocent lives."
This is fully compatible with CCC 2267 and Evangelium Vitae. The law is best fullfilled when we best “protect and foster human life”.
No. For Catholics, the ultimate authority on faith and morals is the Pope. For Catholics, this is beyond dispute:
Excommunication is separation of the Body of the Faithful, anathema is separation from the Body of Christ.
The Church may specifically delegate final moral judgements for certain teachings. For example, it currently does this for the basic criteria of Just War (CCC 2309) and the refusal of medical treatment (CCC 2278). But these delegations are not “rights” because it is impossible to abridge the moral authority of the Vicar of Christ.
Besides, where is the “right”?
Here in Trent
Another kind of lawful slaying belongs to the civil authorities, to whom is entrusted power of life and death
Centuries ago the Council of Trent noted that the death penalty was licit because it was in keeping with the “purpose of the law”. Half a century ago Pope Pius XII argued that life is a right that the state cannot licitly take! The condemned were excecuted because, again, the state was keeping to the “prinicple of life”.
Correct, and both noted that executing criminals was neither a deprevation of the right to life, and it was actually in keeping with the right to life.
Do you disagree with Trent or Pope Pius in their assessment?
The Church is not claiming that the death penalty is never licit, it is simply proclaiming that we are currently not using it appropriately.
It set out the criteria, but also removed the clergy from making the detrmination ( St. Ireanus, Augustine, Aquinas and Trent)
This is a moral judgement on the proper application of Church doctrine. Protestants can pick and choose and come to their own conclussions, but Catholics proclaim a Holy and apostolic Church as an undisputed belief each week (Nicene Creed).
Correct, the Church has ruled that
- The State may licitly do it
- If the accused has been determined to be guilty
- If other means are not sufficent
The State is the one who determines 2 and 3 however, clergy cannot.
2 and 3 are also not moral judgements, but prudential judgements given to the State. The Church is not the Judge and Jury, therefore they cannot claim to determine #2
And they are not the Jailer, the Church cannot claim to be the determiner of #3 either.