The article is at
ncregister.com entitled Does Fratelli Tutti Change Church Teaching on the Death Penalty. In it, Domincan theologian Thomas Petri argues that our current stance against the death penalty is not a rupture with the past, but a proper development.
In the very beginning Fr. Petri makes this unremarkable (but crucially important) observation:
“When you talk about the development of teaching, you’re always talking about growing from what has come before, and never sort of a rupture”…
…and then adds these points:
- “I definitely think it’s in the line of what previous popes have taught”
- The Church’s position on the death penalty has always been part of the ordinary magisterium, Fr. Petri said, the teaching that “states have the right to inflict the penalty of death.”
- In the 2018 revision to the Catechism, the pope referred to the death penalty as “inadmissible” but did not call it “intrinsically evil” — and this was a significant choice in words.
- John Paul II put “protecting society” at the “front and center” of the Church’s teaching on punishment, Fr. Petri said, and Pope Francis has continued this teaching in his magisterium, which reflects a new understanding of punishment.
- While Popes Francis and John Paul II are making prudential applications of the Church’s teaching in areas of faith and morals, the level of assent required to their teaching is not just “prudential,” Fr. Petri explained.
With regard to (1), that’s not an unreasonable argument, but the objection still stands: development cannot repudiate the doctrine on which it is based, and as (2) says, the right of a state to employ capital punishment has
always been a doctrine of the church, therefore “development” cannot reverse this.
(3) is important as it clearly shows that CP is not intrinsically evil. The problem here is that if something is not intrinsically evil then there will be instances where its use is proper, so how can it be both proper and inadmissible?
As for (4), I have a serious problem with this. I don’t think JPII simply redefined the nature of punishment to make protection its primary objective. Nor is this interpretation reasonable in light of CCC 2266 which explicitly defines the primary objective as “
redressing the disorder caused by the offense.” Amid all the other changes, that doctrine is unchanged, and there is no way to understand that phrase as meaning protection against future offenses. There is more to be said about this, but this particular claim simply won’t stand up.
In (5) Fr. Petri, even as he acknowledges that this is a prudential teaching, claims that our response to it is not determined by the church’s teaching on the assent such teachings require. Apparently this is some sort of super-prudential teaching that we have to treat as doctrine, which is much like treating capital punishment as intrinsically evil even though we know it is not.