Capital punishment...again

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Emeraldlady:
What we understand is that there is a difference between intrinsic and extrinsic evils. Our Church has established that capital punishment is not intrinsically evil. There was a time that it served the common good and it was heretical to claim that it was never of good service. That is what we understand in complete accordance with Church teaching.
Good, then nothing has changed, and what we are dealing with in the new version of 2267 is a personal judgment that capital punishment is harmful in today’s societies. That has been my position all along.
If you mean by ‘personal judgement’, the Magisteriums ‘prudential judgement’ that the death penalty is morally inadmissible today, then we are in agreement.
 
Can you not see that Pope Francis is saying any State killing that does not use an available lesser penalty (that still protects the State) is already always and everywhere immoral?
There is ambiguity in your term “protects the state.” If all you mean by it is what provides protection against future crimes then in no way can that be right. Even, however, if you mean whatever is in the best overall interest of the state, I’m not sure that is acceptable either, not unless justice is at the top of that list.

Protection is not the primary objective of punishment, so punishments determined solely by that criterion cannot be just except by accident.
Its a new moral principle.
Ah, I have trouble with that concept as well.

The Pope cannot impose commandments on faithful Catholics because he wants to or finds it expedient. Such a modern, voluntaristic concept of authority can only distort the true theological meaning of the papacy. (Cardinal Ratzinger)
 
If you mean by ‘personal judgement’, the Magisteriums ‘prudential judgement’ that the death penalty is morally inadmissible today, then we are in agreement.
A prudential judgment can tell us that something is unwise, but not usually that it is immoral. Otherwise this would not be true:

Any Catholic is entitled to question the hierarchy’s prudential judgments about anything, as long as it is done in good faith and good taste. (Msgr George A. Kelly, founder of Fellowship of Catholic Scholars)
 
A prudential judgment can tell us that something is unwise, but not usually that it is immoral.
Taking the life of a person is immoral. We already have the command.
Say self defense. We have every right to stop the aggressor, but not to kill . It isn t like even in a case of self defense our societies or even our judges take the taking ( sounds odd sorry) of a life merrily and lightly.
So unwise is not precisely the word with which we evaluate matters about life or death.
Somehow to stop an aggressor for example became a license to kill in some people’s mind. But I think that today as an example it is wise and somehow responsible to have alarm,dog, a lock , connection to a central police station,for example where I live because to kill sb who breaks into my house is from the bottom of my heart sth I pray never happens. So in a way I have the peace of mind that there are many barriers before sb is st the point of my having to kill a person . God help us…
Jesús didn’t go once against persons but objects…
That some of our( where I live) prisons are a shame with insects,old ,damp, dirty, a hole instead of a toilet , a mattress on the floor and an indescribably shameful habitat , I am sure you would not consider unwise, but inmoral and you would be right . There isn t one excuse to such a shame today, not one…and it is with shame that I say this about some of our prisons where I live…
I know I won’t change your mind, Ender because I already know what your basic premises are, just that looking at it from a different perspective may add to our mutual understanding and usual mutual respect.
 
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Taking the life of a person is immoral. We already have the command.
Not exactly. There are times when taking a person’s life is justifiable and therefore not immoral. The church has always taught this.
Say self defense. We have every right to stop the aggressor, but not to kill.
We have a right to use methods we know will be lethal. What we don’t have is permission to intend a person’s death as an objective, and end. As long as defense is the end, we are justified in doing what we must do to achieve that end.
I know I won’t change your mind, Ender because I already know what your basic premises are, just that looking at it from a different perspective may add to our mutual understanding and usual mutual respect.
Do not assume from my comments that I am unconcerned with the fate of others or with the hardships they endure. In fact it is best not to assume anything at all about my feelings. Take my words exactly as I present them and deal only with what I say, not with what you think might be inferred from my comments. I try to shape my arguments carefully, which means I’m saying a lot less than people assume.
 
Do not assume from my comments that I am unconcerned with the fate of others or with the hardships they endure.
I don’t. I remember our conversations. If I had to put our differences in a nutshell I would say you are more of retribution and I am more of restoration.
What I do not always know and have to discern at times is my own fears.I have to deal with them in these matters. We are human…
I have to help my husband repair something but I will take my time later to read peacefully the rest of your answer, Ender.
It is a beautiful day here to be outdoors.
 
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If I had to put our differences in a nutshell I would say you are more of retribution and I am more of restoration.
I can’t disagree with this. I will point out, however, that the church teaches that retribution (retributive justice) is the primary objective of punishment, and that while rehabilitation is an important objective, it is but a secondary one.
 
There is ambiguity in your term “protects the state.” If all you mean by it is what provides protection against future crimes then in no way can that be right.
You welly exemplify here some of the objective critique I just made of your intellectual approach.

Your lay interpretative and theological skills I hypothesised may not be capable of accurately guaging the weight of past positions and this interferes with a balanced interpretation of what Pope Francis is saying.

Additionally you seem to have a set position re your personal interpretation of past positions and your words above (“in no way can that be right”) seem to indicate you will not accept the hypothesis that Francis does not have your interpretation and is therefore free to modify a long held position that was never canonised in the way you personally believe it was.

Because you cannot accept that hypothesis you conclude Pope Francis could not have said what I observe he has said. Therefore you take this off the table by saying I have Pope Francis wrong re “protecting the state”.

And yet it is plain as day to everybody here except you what Pope Francis means.

Pope Francis clearly means the containing of these criminals so they may not continue to harm ordinary citizens again. That is, the modern development of better detention systems that guarantee protection of citizens from their violence.
Do you disagree he means this
?

Regardless you have not responded to the more important challenges I put to you above re hypotheses as to your lay intellectual training and scholarly skills which may well be the cause of your seeing of teaching error in both the CCC and Pope Francis…and why you, a loyal Catholic, would rather choose to loudly and publcly choose a hypothesis that puts the Pope in error rather than yourself.

My simple challenge to you is to advise us whether you accept this hypothesis is a valid one and just as likely as your hypothesis that concludes Francis and the CCC is in teaching error?

You seem to keep side stepping the question or get very upset that fellow contributors are insulting your person which I hope is not what I am trying to do.
Dakota: Its a new moral principle.
Ender: Ah, I have trouble with that concept as well.
I dont understand, he is the Pope.
It is his role and charism to explicitate the implicit moral principles in revelation and natural law or even define new teaching and dogma just as Popes before him have done re principles of contraception and the Assumption.

No Catholic is being forced to refrain from using condoms (and 40?% of Church going couples use contraception in the US) in the privacy of their own bedroom and they still remain Catholic.

However if we get up in public and say the objective teachings on contraception are in error you can expect tears because that is the Popes role to define.
How you as a loyal Catholic disagree with that I do not know 😮😮😮.

Did you mean something else?
 
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To make a long story short, pro-lifers still have an option to agree (or not) with the Holy Father on this…
We agree on this.
… but they just really love capital punishment.
This is an uncharitable judgment you are not free to make. You may fault the accuracy of my arguments as you are able, but you may not impugn my motives for making them. You are in fact required to give me the benefit of the doubt. Disagree with my statements all you like, but don’t judge my motives as being less valid than anyone else’s.
 
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Emeraldlady:
If you mean by ‘personal judgement’, the Magisteriums ‘prudential judgement’ that the death penalty is morally inadmissible today, then we are in agreement.
A prudential judgment can tell us that something is unwise, but not usually that it is immoral. Otherwise this would not be true:

Any Catholic is entitled to question the hierarchy’s prudential judgments about anything, as long as it is done in good faith and good taste. (Msgr George A. Kelly, founder of Fellowship of Catholic Scholars)
Did you forget that myself and other prudent readers here will always google your quotes knowing that your have routinely cherry picked them out of their context?

Not only does the article by Mons Kelly not support your claim that there is no moral component in prudential judgements, but he is writing against the very attitude that you have adopted, as problematic and prevalent in the American Catholic University system and Catholic Press.

“A bad habit has developed among Catholic commentators, including some bishops, who define the present intramural Church controversies in “left” and “right” terms, as if the ongoing squabbles are simply political. On the contrary, the substantive Catholic quarrels are over the contents of Christ’s revelation. Any Catholic is entitled to question the hierarchy’s prudential judgments about anything, as long as it is done in good faith and good taste. What is at stake here, however, is the Faith of the Church as witnessed by the hierarchy. The real categories of controversies, about which leaders of the Catholic press rarely hear, are “assent” vs. “dissent,” “obedience” vs. “disobedience,” “great faith,” “little faith,” or “no faith.” Not even superior intelligence or good taste exonerates those who lead Catholics astray about the genuine doctrinal matters which preoccupy Popes as they would Christ. It is these would-be “censors of magisterium” which the hierarchy, in self-defense of the Church and the faith of Churchgoers, must hold to account for their stewardship of that faith system.”

http://www.ekaristi.org/forum/viewtopic.php?t=2143&view=previous

The Church; the Magisterium; the College of Cardinals around the Seat of Peter, have spelled out clearly that abolition of the death penalty is because it is no longer morally acceptable today. We Catholics easily understand that because the Church and society feel the same moral unacceptability for slavery, floggings, torture, polygamy etc.
 
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Did you forget that myself and other prudent readers here will always google your quotes knowing that your have routinely cherry picked them out of their context?
Yet again your insult is misplaced. Neither you nor anyone else, for all the times this charge is carelessly made, has ever found a single instance where the meaning of my citation is changed by the context of the entire article, and this is no exception.
Not only does the article by Mons Kelly not support your claim that there is no moral component in prudential judgements, but he is writing against the very attitude that you have adopted, as problematic and prevalent in the American Catholic University system and Catholic Press.
Any Catholic is entitled to question the hierarchy’s prudential judgments about anything, as long as it is done in good faith and good taste.

Do you really not understand what this means? It has nothing to do with a moral component of prudential judgments; it deals solely with whether Catholics may legitimately disagree with the prudential judgments of the hierarchy. Period. Nor is his later comment which you highlighted “about genuine doctrinal matters” in any way relevant given that I was explicitly talking about prudential judgments, not doctrines. The fact that you don’t adequately comprehend what has been said hardly means that I have taken something out of context. Perhaps if you had stronger arguments you wouldn’t need to employ slurs.
The Church; the Magisterium; the College of Cardinals around the Seat of Peter, have spelled out clearly that abolition of the death penalty is because it is no longer morally acceptable today.
They have issued a prudential judgment that it is unwise, and have implied that it is immoral.
 
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The Catholic Encyclopedia article “Capital punishment” sums up Church teaching nicely:

“The infliction of capital punishment is not contrary to the teaching of the Catholic Church, and the power of the State to visit upon culprits the penalty of death derives much authority from revelation and from the writings of theologians. The advisability of exercising that power is, of course, an affair to be determined upon other and various considerations.”

Capital punishment is NOT intrinsically evil (Romans 13), but the Church can decide if it is good or bad to use it depending on societal conditions. At least this is my understanding.
 
Capital punishment is NOT intrinsically evil (Romans 13), but the Church can decide if it is good or bad to use it depending on societal conditions. At least this is my understanding.
Everyone may legitimately have an opinion on whether the use of capital punishment is a good or bad idea. It is up to the State, which has responsibility for the maintenance of the common good, to make that determination.
 
The Catholic Encyclopedia article “Capital punishment” sums up Church teaching nicely:

“The infliction of capital punishment is not contrary to the teaching of the Catholic Church, and the power of the State to visit upon culprits the penalty of death derives much authority from revelation and from the writings of theologians. The advisability of exercising that power is, of course, an affair to be determined upon other and various considerations.”

Capital punishment is NOT intrinsically evil (Romans 13), but the Church can decide if it is good or bad to use it depending on societal conditions. At least this is my understanding.
I would say that it isn’t so much that the Church is deciding on capital punishment since it has remained silent on the matter until recently even though there has been a continuing abolition of it from legal jurisdictions around the world for more than a century. The Church is speaking now to endorse abolition as a movement of the Holy Spirit and a sign of “a growing moral sensitivity”. (EV) As is the Church’s role, she is defending Catholic teaching against the false interpretation coming out of some quarters of the US Catholic community, that abolition is against Catholic teaching and a deficiency of justice. I wouldn’t be surprised if the Magisterium might have to go to the lengths of declaring that position to be ‘anathema’ eventually.
 
Capital punishment is NOT intrinsically evil (Romans 13), but the Church can decide if it is good or bad to use it depending on societal conditions. At least this is my understanding.
Agreed, but Francis has created a new moral principle as well to use when prudentially judging these societal conditions.

That is, if civil society can be protected from the criminal by a lesser penalty then always and everywhere that lesser penalty must be used. To kill the criminal would be mortally sinful.

That new moral principle is not prudentially determined/judged, it has been clarified/derived/explicitated from natural law or divine revelation. It is the role and charism of the Pope to do so.

Ender denies this can be true.
Ender also denies Pope Francis stated this principle.

I find that an intellectually less than honest assessment or analysis of the rather clear facts of the matter coming from the Vatican.

That Ender has not responded to my polite challenges to him on precisely these points in the last 2 days confirms me in that objective view of his position I would have to conclude.
 
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That is, if civil society can be protected from the criminal by a lesser penalty then always and everywhere that lesser penalty must be used. To kill the criminal would be mortally sinful.
Well, it’s new! the Church in the past has never affirmed this as the only legitimate reason for the death penalty.
 
The Church is speaking now to endorse abolition as a movement of the Holy Spirit and a sign of “a growing moral sensitivity”.
The church’s hierarchy is indeed pushing for the elimination of capital punishment, but it’s doubtful this is due to a growth in moral sensitivity.

Hence the sense, too, of the sacred dogmas is that which our Holy Mother the Church has once declared, nor is this sense ever to be abandoned on plea or pretext of a more profound comprehension of the truth. (Pius X)

Many of the arguments turning up now were rejected when they appeared in previous manifestations.

Arguments from the progress of ethical consciousness have been used to promote a number of alleged human rights that the Catholic Church consistently rejects in the name of Scripture and tradition. The magisterium appeals to these authorities as grounds for repudiating divorce, abortion, homosexual relations, and the ordination of women to the priesthood. If the Church feels herself bound by Scripture and tradition in these other areas, it seems inconsistent for Catholics to proclaim a “moral revolution” on the issue of capital punishment. (Cardinal Dulles, 2004)
 
Agreed, but Francis has created a new moral principle as well to use when prudentially judging these societal conditions.
Not even a pope can simply create new moral principles, as if morality was nothing more than the individual claims of the temporary Bishops of Rome.
That is, if civil society can be protected from the criminal by a lesser penalty then always and everywhere that lesser penalty must be used. To kill the criminal would be mortally sinful.
This is truly preposterous. I understand that the impetus behind this “moral principle” is to limit the death penalty, but as it is stated it does much more. First it repudiates what the catechism says in 2266 about the primary objective of punishment, which is clearly not protection. Second it would eliminate the justification for any punishment that was unnecessary for protection, but understand what that would mean. Suppose a man’s wife is murdered, and the man finds and kills the murderer. According to this “lesser penalty” theory there would be no justification for punishing him. He was no threat to society before the incident and he is no more of a threat to it after. On what grounds do we punish him?
That new moral principle is not prudentially determined/judged, it has been clarified/derived/explicitated from natural law or divine revelation.
Perfected by your deeper comprehension of morality?

“For the doctrine of faith which God has revealed has not been proposed, like a philosophical invention to be perfected by human ingenuity, but has been delivered as a divine deposit to the Spouse of Christ to be faithfully kept and infallibly declared. Hence that meaning of the sacred dogmas is perpetually to be retained which our Holy Mother, the Church, has once declared, nor is that meaning ever to be departed from under the pretense or pretext of a deeper comprehension of them.” (First Vatican Council)
 
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