The analogy wasn’t relevant. The practice of medicine changes with advances in science, but at all times doctors were doing the best they knew. Advances in science have no impact on the nature of crimes or of the appropriate punishment. Murder is neither more nor less heinous now than 1000 years ago, and the appropriate punishment for that crime cannot change with the times either.
In every age human beings are called upon to use as you would describe, their prudential judgement to form human laws. That is because the appropriatness of the punishment in every age depends on all the other relevant factors to serve the common good of all people. We no longer live under old Testament conditions where the common good was not comprehended in the way Christ revealed to us and human law as we conceive of it, is bound inextricably to the common good. For it to truly serve the common good, it must factor in the times in which it exists. There is little danger of murder losing its criminal status since even people not exposed to the Judeo Christian perspective have known its seriousness by dint of natural law. Aquinas after all says that Divine Law presupposes natural law.
The church has never judged capital punishment disproportionate to the crime of murder.
It does so. PeopleB4things has posted the relevant teaching in th previous post.
There is no standard punishment for a crime. In the human experience, the disorder caused by crime will always depend on all other factors affecting it.
You think of “disorder” way too narrowly. It is a lot more than a temporary disruption of life in society.
In the first place a man’s nature is subject to the order of his own reason; secondly, it is subjected to the order of another man who governs him either in spiritual or in temporal matters . . . . thirdly, it is subject to the universal order of the Divine government. Now each of these orders is disturbed by sin, for the sinner acts against his reason, and against human and Divine law. Wherefore he incurs a threefold punishment; one, inflicted by himself, viz. remorse of conscience; another, inflicted by man; and a third, inflicted by God. (Aquinas ST I-II, 87,1)
Aquinas also said…
“Whatever is for an end should be proportionate to that end. Now the end of law is the common good; because, as Isidore says (Etym. v, 21) that “law should be framed, not for any private benefit, but for the common good of all the citizens.” Hence human laws should be proportionate to the common good. Now the common good comprises many things. Wherefore law should take account of many things, as to persons, as to matters, and as to times. Because the community of the state is composed of many persons; and its good is procured by many actions; nor is it established to endure for only a short time, but to last for all time by the citizens succeeding one another, as Augustine says (De Civ. Dei ii, 21; xxii, 6).”
Man has no power to effect divine retribution other than by conforming his laws to the common good. Cardinal Dulles has stressed that point, a point you have never ever answered to in any dialogue I can remember.
"Retribution by the State has its limits because the State, unlike God, enjoys neither omniscience nor omnipotence. According to Christian faith, God “will render to every man according to his works” at the final judgment (Romans 2:6; cf. Matthew 16:27). Retribution by the State can only be a symbolic anticipation of God’s perfect justice. "
When the force of humanity is calling for the abolition of the death penalty because it does not serve justice…and the Church affirms that this is a movement of the Holy Spirit in the world…
The church has affirmed no such thing. The validity of prudential judgments is not guaranteed by the Holy Spirit.
"This is the context in which to place the problem of the death penalty. On this matter there is a growing tendency, both in the Church and in civil society, to demand that it be applied in a very limited way or even that it be abolished completely.
The problem must be viewed in the context of a system of penal justice ever more in line with human dignity and thus, in the end, with God’s plan for man and society. " = EV
Punishment is like an umbrella term. Its a maleable concept. It’s a remedy that serves a purpose.
The concept is not nearly so malleable to the church, and is pretty well summed up this way: “*The act of sin makes man deserving of punishment…” *and *“Punishment is proportionate to sin.” *(Aquinas)
Aquinas is talking about the court of Divine justice before the omnicient and omnipotent God of all. We are talking here of human justice, its ends and its limits.
No. As I pointed out earlier, you misunderstand “disorder”.
And as I counter demonstrated by Aquinas words regarding the end of human law, it is you that misunderstood.