Another look at the DEATH PENALTY

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We are not commanded not to judge; we are commanded to judge fairly: (1807) “in righteousness shall you judge your neighbor.”

(Aquinas II/II 60-2) *“Judgment is lawful in so far as it is an act of justice.” *What we are forbidden is judgment *"**which proceeds not from benevolence but from bitterness of heart." *It is a mistake, however, to assume that a severe punishment cannot be just but must be the result of “bitterness of heart.” Once judged, justice demands punishment commensurate with the severity of the sin.

Ender
Thus spake Our Lord:
Judge not that ye be not judged.
Anything which stands against this is defective.
Therefore what you see as standing against this is erroneously seen, or is indeed defective.
This is the word of The Lord.
The word of Man cannot countermand it.
 
Thus spake Our Lord: Judge not that ye be not judged.
Anything which stands against this is defective. Therefore what you see as standing against this is erroneously seen, or is indeed defective. This is the word of The Lord. The word of Man cannot countermand it.
The word of man may not countermand it but the mind of man can certainly misunderstand it. That this interpretation is common doesn’t change the fact that it is nonetheless incorrect.

Here is what the Church says:

During confirmation the bishop extends his hands over the confirmands and says (among other things) “Give them … the spirit of right judgment.”

(1465) “When he celebrates the sacrament of Penance, the priest is fulfilling the ministry of … the just and impartial judge whose judgment is both just and merciful.”

(2486) “Since it violates the virtue of truthfulness, a lie does real violence to another. It affects his ability to know, which is a condition of every judgment and decision.” In this explanation the harmfulness of a lie is that it damages the possibility of a right judgment.

(2497) “{Journalists} should strive to respect, with equal care, the nature of the facts and the limits of critical judgment concerning individuals.” There are limits regarding judgment; judging itself is not banned.

Aquinas (II/II 60-2-1) “(Thou shalt not judge. Mt 7:1) In these words our Lord forbids rash judgment which is about the inward intention, or other uncertain things, as Augustine states. Or else He forbids judgment about Divine things, which we ought not to judge, but simply believe, since they are above us, as Hilary declares in his commentary on Mt. 5. Or again according to Chrysostom, He forbids the judgment which proceeds not from benevolence but from bitterness of heart.”

The Church does not condemn judgment. What is forbidden is judgment that is about things we cannot know or that is rash or prejudiced. We are in fact commanded to judge justly.

Ender
 
Dear Ender,
The text is better rendered in Luke.
Sorry, this is from Stuttgart, but I think it is here the same as Clementine:
Lk. 6:37
Lk. 6:38

Biblia Sacra Vulgata:

nolite iudicare et non iudicabimini nolite condemnare et non condemnabimini dimittite et dimittemini

date et dabitur vobis mensuram bonam confersam et coagitatam et supereffluentem dabunt in sinum vestrum eadem quippe mensura qua mensi fueritis remetietur vobis

Douay Rheims:

Judge not: and you shall not be judged. Condemn not: and you shall not be condemned. Forgive: and you shall be forgiven.

Give: and it shall be given to you: good measure and pressed down and shaken together and running over shall they give into your bosom. For with the same measure that you shall mete withal, it shall be measured to you again.

This command, therefore can be taken as a warning.
Thus, to the wise, it means: do not pass judgement on others unless it is necessary for you so to do, then if you must give judgement, deliver it with justice, and benevolent mercy, without thought to retribution or vengeance.

Or again according to Chrysostom, He forbids the judgment which proceeds not from benevolence but from bitterness of heart.

We set up men to judge, and thus upon them we set a burden.
And in the words of Our Lord, we judge these judges according to their judgement, and so we are also judged.

However, this is not about judges, or judgement, it is really about judgementalism.
Gilbert and Sullivan made a parody of judgementalism in the Mikado:

A more humane Mikado never
Did in Japan exist,
To nobody second,
I’m certainly reckoned
A true philanthropist.
It is my very humane endeavour
To make, to some extent,
Each evil liver
A running river
Of harmless merriment.

My object all sublime
I shall achieve in time —
To let the punishment fit the crime —
The punishment fit the crime;
And make each prisoner pent
Unwillingly represent
A source of innocent merriment!
Of innocent merriment!
 
Or again according to Chrysostom, He forbids the judgment which proceeds not from benevolence but from bitterness of heart.
You need to slow down and reconsider your position. This quote, which you use to make your point in #236, is the exact same quote I used in #233 that you rejected in #234.
However, this is not about judges, or judgement, it is really about judgementalism.
No. As I have said over and over it is about justice. What you call judgmentalism is nothing more than a failure to render a just judgment. Our difference is over whether the death penalty can ever be considered just. My complaint with 2267 is that it never even asks the question, let alone answers it; this section cannot be considered the final word on a subject it doesn’t even address.

Ender
 
You need to slow down and reconsider your position. This quote, which you use to make your point in #236, is the exact same quote I used in #233 that you rejected in #234.
No. As I have said over and over it is about justice. What you call judgmentalism is nothing more than a failure to render a just judgment. Our difference is over whether the death penalty can ever be considered just. My complaint with 2267 is that it never even asks the question, let alone answers it; this section cannot be considered the final word on a subject it doesn’t even address.

Ender
Ok,
I agree that your witnesses seem to equate judgement with justice, but read carefully, it is just and merciful, and BENEVOLENT judgement they equate with justice.
The essence of ‘making the punishment fit the crime’ is that the target of the policy must be rational, and certain of judgement.
Thus such a policy can be made applicable to crime which is fairly easily policed, and which is committed by habitual, or professional villains.
Petty thieves, shop-lifters, and burglars come under this heading.
Strangely though, even against this best of targets, there is a high degree of recidavism, indicating that even amongst targets taking a second and third bite at the cherry, deterrance is not truely effective.
The vast majority of killings are either acts of passion, acts of insanity, or accidental results of over-reaction in circumstances which may or may not be criminal.
Such are totally unresponsive to deterrance, except that it might be possible to pursuade villains to go about their business un-tooled, so that accidental over-reaction will be less likely to have fatal results.
Whether or not you like the idea, the majority of punitive systems now, primarily concern themselves with protection of society, rather that with aspects of atonement.
Regimes aimed at atonement often resulted in reducing the offender to insanity, so were abandoned as inhumane, thus deterrance and re-education is what most regimes have fallen back on.
So in these regimes, there is an appearance of punishment fitting the crime, but this is not for reasons of atonement, but to keep a nuisence out of circulation, and if possible, to re-educate him.
Any deterrant consideration is a bonus.
So in your sense of justice, there is none.
Neither can there be, for the only way to put your understanding of justice into the punishment regime, is by using inhumane methods.
So what of killers?
The majority are either acts of passion, or insanity.
The latter often kill themselves after their spree of destruction, so clearly there is no deterrence there, but they solve their own problem, just do it a a rather messy way.
The former are often deeply repentant, and even suicidal. Not much of a further threat to society, more to be pitied than punished.
Prisoners will often tell you that drug addicts are more to be feared in jail than are convicted murderers.
The problem is that the best result seem to be counter intuitive, and contrary to atonement based ideas of justice.
There are no simple answers.
 
So what of killers?
The majority are either acts of passion, or insanity.

Prisoners will often tell you that drug addicts are more to be feared in jail than are convicted murderers.
Why do you make claims that you know you can’t prove?

You’ve already been challenged - and recently - on the first and after a disastrous attempt to try to defend it admitted you didn’t have anything to support it (and won’t find anything since your position is a false dichotomy - there are many other reasons people commit murder).

As far as drug addicts, once they’ve been through withdrawal, they make ideal inmates. Over here we are fairly effective procedures to keep inmates from maintaining their habit while incarcerated. When thier minds are not clouded and they have no need to be aggressive to try to get thier next “fix”, they generally turn into people with personalities nearly indistinguishable from their peers.
There are no simple answers.
No, but intentionally muddying the water by presenting personal fantasies as the actual state of things is going to just about guarantee that you won’t come up with any answer that address the situation as it really is.
 
The essence of ‘making the punishment fit the crime’ is that the target of the policy must be rational, and certain of judgement.
The reason the punishment should fit the crime is because a sin incurs the debt of punishment. The greater the sin the higher the debt and the more severe the punishment must be in order to pay the bill. Forget capital punishment for a moment, this is true of all sin and all punishment.
Strangely though, even against this best of targets, there is a high degree of recidavism, indicating that even amongst targets taking a second and third bite at the cherry, deterrance is not truely effective.
I will say it again: deterrence is not an issue in a debate over justice. Whether or not a punishment deters is an argument completely separate from whether or not it is just.
The problem is that the best result seem to be counter intuitive, and contrary to atonement based ideas of justice.
There are no simple answers.
It is surely to be hoped that the criminal will repent of his sins, serve his punishment, and become a productive member of society on his release from prison. That this doesn’t always (usually?) happen doesn’t change the fact that, whether or not he repents, his punishment is the same. That is, crime X merits punishment X, crime Y merits punishment Y, and so on. This is only generally true of course as there are other factors involved that go to personal responsibility but the greater the sin the greater the punishment - whether or not the sinner repents. There is a debt to be paid and repentance does not pay it.

Ender
 
[sign]
Originally Posted by Voco proTatiano View Post
The essence of ‘making the punishment fit the crime’ is that the target of the policy must be rational, and certain of judgement.[/sign]
The reason the punishment should fit the crime is because a sin incurs the debt of punishment. The greater the sin the higher the debt and the more severe the punishment must be in order to pay the bill. Forget capital punishment for a moment, this is true of all sin and all punishment.
I agree that we should forget for the moment capital punishment. This will help the discussion, in as much as in general, we are talking about a rational target.
Now you are appealing to a form of justice which is in my belief, OT based. You also believe that the state is mandated to implement this form of justice. This is not my view, neither is it the view of most political entities. There is one exception, that is a type exception, not a case exception, and that is caliphates operating Shariah law.
The mandate from the Church, as I understand it is that the state will protect society. No more, and no less.
That the punishment should be commensurate echoes ‘eye for eye’, but that requirement never was for tariff, but for limit.
That is, the state is mandated not to use excessive punishment to protect society.
If the state can protect society without punishment, that then is acceptable to the mandate, for the Church accepts that the state is a secular entity, unconcerned with spiritual, or even moral matters. The concern is then purely practical and economical.
[sign]
Strangely though, even against this best of targets, there is a high degree of recidivism, indicating that even amongst targets taking a second and third bite at the cherry, deterrence is not truly effective.[/sign]
I will say it again: deterrence is not an issue in a debate over justice. Whether or not a punishment deters is an argument completely separate from whether or not it is just.
If deterrence is not an issue, then neither is punishment. Indeed, justice is irrelevant beyond that excessive punishment is to be deprecated. That is the limit of the Church mandate upon the state.
[sign]
The problem is that the best result seem to be counter intuitive, and contrary to atonement based ideas of justice.
There are no simple answers.[/sign]
It is surely to be hoped that the criminal will repent of his sins, serve his punishment, and become a productive member of society on his release from prison. That this doesn’t always (usually?) happen doesn’t change the fact that, whether or not he repents, his punishment is the same. That is, crime X merits punishment X, crime Y merits punishment Y, and so on. This is only generally true of course as there are other factors involved that go to personal responsibility but the greater the sin the greater the punishment - whether or not the sinner repents. There is a debt to be paid and repentance does not pay it.
Yes, I agree that in an ideal world, that the offender should repent, and be reformed, even to be desirous of corrective punishment to purge his soul, but that is not part of the real world, nor is it any part of the Church’s mandate upon the state.
The Church accepts that the state is a secular entity.
The Church requires that the state protect society from internal and external threat.
She does not specify how that protection be implemented beyond that she deprecates excessive punishment.

I hope you do not pine for a state which is run by the Church.
This is a scenario abandoned by both Church and state.
I do not want a Christian Caliphate.
 
Now you are appealing to a form of justice which is in my belief, OT based. You also believe that the state is mandated to implement this form of justice.
I am appealing to Aquinas, multiple popes, and the catechism; which is the OT source?
The mandate from the Church, as I understand it is that the state will protect society. No more, and no less.
No. There are many ways to protect society that are unjust; the Church requires justice first, not protection.
That the punishment should be commensurate echoes ‘eye for eye’, but that requirement never was for tariff, but for limit.
(2266) “Legitimate public authority has the right and duty to inflict penalties commensurate with the gravity of the crime.” The penalty *must *be proportional to the crime (that’s what the word duty means).
If the state can protect society without punishment, that then is acceptable to the mandate …
The state has the *duty *to punish crimes irrespective of protection (see above)…
… for the Church accepts that the state is a secular entity, unconcerned with spiritual, or even moral matters. The concern is then purely practical and economical.
Again, not so: 1901 “… authority belongs to the order established by God.” and 1903 “Authority is exercised legitimately only when it seeks the common good of the group concerned and if it employs morally licit means to attain it.”
If deterrence is not an issue, then neither is punishment.
Deterrence and protection are two of the four objectives of punishment and neither of them is the primary purpose.

Ender
 
I am appealing to Aquinas, multiple popes, and the catechism; which is the OT source?
Ok, you appeal to commentators. I hold fast to the Gospel.
No. There are many ways to protect society that are unjust; the Church requires justice first, not protection.
No! the church requires protection FIRST, but without INJUSTICE.
There is a difference.
(2266) “Legitimate public authority has the right and duty to inflict penalties commensurate with the gravity of the crime.” The penalty *must *be proportional to the crime (that’s what the word duty means).
You choose to be picky with some items, even to reject some.
I choose to interpret it the context of the Gospel.
Where the commentator is saying ‘proportionate’, I, reading the Gospel, see a misunderstanding for ‘not disproportionate’
That is how it would be written in Latin. They love their double negatives. However, ‘disproportionate’ can be read as ‘excessive’.
Thus it then complies with ‘eye for eye’ being a limit, and not a tariff. that is compliant with the Gospel. Were it not so, far, I would cast it aside!
The state has the *duty *to punish crimes irrespective of protection (see above)…Again, not so: 1901 “… authority belongs to the order established by God.” and 1903 “Authority is exercised legitimately only when it seeks the common good of the group concerned and if it employs morally licit means to attain it.”
Deterrence and protection are two of the four objectives of punishment and neither of them is the primary purpose.
The last two paragraphs are applicable only to the caliphate. They have no place in civilised society.
Like it, or like it not, civilised society is secular.
In the days of Aquinas, it was still considered that the Christian Caliphate was a good idea, but that is now buried, along with the divine right of kings, and the head of Charles I.
 
Ok, you appeal to commentators. I hold fast to the Gospel.
You take the Protestant view that each person has the right to interpret the Gospels for himself; I take the Catholic view that “the task of authentically interpreting the word of God, whether written or handed on, has been entrusted exclusively to the living teaching office of the Church.” (Dei verbum 10)
No! the church requires protection FIRST, but without INJUSTICE.
Do not tell me what the Catholic Church says. Church doctrine is presented by the Magisterium and you have reduced them to the status of mere commentators. You cannot reject “commentators” on the one hand and then claim to believe what the “Church” says on the other. For the purpose of deciding doctrine they are one and the same.
You choose to be picky with some items, even to reject some. I choose to interpret it the context of the Gospel. Where the commentator is saying ‘proportionate’, I, reading the Gospel, see a misunderstanding for ‘not disproportionate’
I am picky? What you agree with you call Church, what you disagree with you reject as merely the opinions of commentators. You freely interweave your personal interpretations with Church doctrine; I must conform my understanding to Church doctrine alone. Unlike you, there is nothing I have presented that is solely my interpretation.
The last two paragraphs are applicable only to the caliphate. They have no place in civilised society. Like it, or like it not, civilised society is secular. In the days of Aquinas, it was still considered that the Christian Caliphate was a good idea, but that is now buried, along with the divine right of kings, and the head of Charles I.
The source I quoted was the catechism as it was updated in 1997; it is what the Church believes today.

Ender
 
[sign]
Originally Posted by Voco proTatiano
Ok, you appeal to commentators. I hold fast to the Gospel.[/sign]
You take the Protestant view that each person has the right to interpret the Gospels for himself; I take the Catholic view that “the task of authentically interpreting the word of God, whether written or handed on, has been entrusted exclusively to the living teaching office of the Church.” (Dei verbum 10)
I find it ironic, and not a little amusing, that a non Catholic, using protestant arguments, provides a better support for the CCC than a self professed Catholic. Perhaps you considered JPII to have been a protestant too, for his arguments are clearly Gospel based.
[sign]
No! the church requires protection FIRST, but without INJUSTICE.[/sign]
Do not tell me what the Catholic Church says. Church doctrine is presented by the Magisterium and you have reduced them to the status of mere commentators. You cannot reject “commentators” on the one hand and then claim to believe what the “Church” says on the other. For the purpose of deciding doctrine they are one and the same.
Sorree! I was just giving the gist of what JPII said in EV, but then you seem to consider him to be a protestant and a heretic.
To me he was a good Catholic, and a good and honest man, unafraid of difficult decisions. I see him shortlisted for canonisation.
[sign]
You choose to be picky with some items, even to reject some. I choose to interpret it the context of the Gospel. Where the commentator is saying ‘proportionate’, I, reading the Gospel, see a misunderstanding for ‘not disproportionate’[/sign]
I am picky? What you agree with you call Church, what you disagree with you reject as merely the opinions of commentators. You freely interweave your personal interpretations with Church doctrine; I must conform my understanding to Church doctrine alone. Unlike you, there is nothing I have presented that is solely my interpretation.
You quote 2266 at me, but you reject 2267. You criticise me for interpreting ‘proportionate’ as ‘not disproportionate’ but fail to notice the usage of that word used in the negative in 2265
The source I quoted was the catechism as it was updated in 1997; it is what the Church believes today.
Yet it is what you do not believe.
 
I just emailed John Lott and got back the following response:

The source that set up the link has continually put up false and doctored information about me. One link here goes through examples of false claims that Lambert has about me here:

doubletap.cs.umd.edu/WikipediaStudy/namecalling.htm

and examples of him doctoring information and doing other misleading

doubletap.cs.umd.edu/WikipediaStudy/lambert.htm

I don’t want to go through the garbage that he has put up, but if the above links don’t discredit him, please let me know about specific claims. One claim that he has focused on is dealt with on my website here:

johnrlott.tripod.com/surveysupport.html
 
I just emailed John Lott and got back the following response:

The source that set up the link has continually put up false and doctored information about me. One link here goes through examples of false claims that Lambert has about me here:
timlambert.org/lott/
Methinks my lord doth protest too much.
If you say something loud enough, and often enough, eventually the people will believe it.
Herman Goering.
You can fool all of the people some of the time, some of the people all of the time, but not all of the people all of the time.
Abraham Lincoln.
Unfortunately, it seems that 55% of a certain nation better support the conclusions of Herman than of Abraham, as witnessed by a certain incumbent.
John Lott certainly believes the former, and you justify him.
 
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