John Paul II shows that there is no rupture between the past thinking of the Church on this matter and the present. What we have is a change in social situations and social resources. Therefore, what was one considered legitimate is no longer so, because the circumstances have changed. States how have the means to avoid killing a person.The social situations do not alter the **moral **justification for the DP, namely retribution. Let me ask you point blank, Brother: do you believe that the DP has a retributive function?
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Moreover, “legitimate defense can be not only a right but a grave duty for someone responsible for another’s life, the common good of the family or of the State”.44 Unfortunately it happens that the need to render the aggressor incapable of causing harm sometimes involves taking his life. In this case, the fatal outcome is attributable to the aggressor whose action brought it about, even though he may not be morally responsible because of a lack of the use of reason.45
56. 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. The primary purpose of the punishment which society inflicts is “to redress the disorder caused by the offence”.46 Public authority must redress the violation of personal and social rights by imposing on the offender an adequate punishment for the crime, as a condition for the offender to regain the exercise of his or her freedom. In this way authority also fulfils the purpose of defending public order and ensuring people’s safety, while at the same time offering the offender an incentive and help to change his or her behaviour and be rehabilitated.47
It is clear that, for these purposes to be achieved, the nature and extent of the punishment must be carefully evaluated and decided upon, and ought not go to the extreme of executing the offender except in cases of absolute necessity: in other words, when it would not be possible otherwise to defend society. Today however, as a result of steady improvements in the organization of the penal system, such cases are very rare, if not practically non-existent.
In any event, the principle set forth in the new Catechism of the Catholic Church remains valid: “If bloodless means are sufficient to defend human lives against an aggressor and to protect public order and the safety of persons, public authority must limit itself to such means, because they better correspond to the concrete conditions of the common good and are more in conformity to the dignity of the human person”.48 **
This passage completely ignores retribution, as part of Divine Justice, as you have also done. As you can read in the Fr. Hardon article, Pope St. Pius X taught that CP was a moral imperative and resisted calls for its abolition. It was NOT simply because he thought CP was the best way of protecting society. Who is right: Pope JPII or Pope St.Pius X? There are many other Popes who fiercely defended CP.
I would not say that we are not bound by Evangelium Vitae in light of the fact that the Holy Father invokes the authority of Peter to ensure that the content of Evangelium Vitae bind all Catholics. Even if a person commits a crime, there is another kind of innocence that the Church takes into account. I don´t understand this. Please explain. The person does not merit the death penalty, because there are other forms of punishment. IMHO, this does not make sense. The fact that there are other forms of punishing a murderer does not mean that he does not merit the DP. In addition, we must remember that we cannot authorize governments to use the death penalty indiscriminately, as it has been used and continues to be used.
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Therefore, by the authority which Christ conferred upon Peter and his Successors, and in communion with the Bishops of the Catholic Church, I confirm that the direct and voluntary killing of an innocent human being is always gravely immoral. This doctrine, based upon that unwritten law which man, in the light of reason, finds in his own heart (cf. Rom 2:14-15), is reaffirmed by Sacred Scripture, transmitted by the Tradition of the Church and taught by the ordinary and universal Magisterium.
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If we are not bound by Evangelium Vitae, then we can also keep abortion legal, since it is Evangelium Vitae that infallibly declares that it is always immoral. We should also allow euthanasia and assisted suicide, which Evangelium Vitae definitively condemn as immoral. I´m sorry, Brother, but here your reasoning is flawed. I don´t need Humanae Vitae to tell me that abortion is evil. The eternal teachings of the CC tell me so. Ever since the Didache, abortion has been condemned by the Church. Not so with CP. When HV speaks of the DP, its content is evidently at odds with prior doctrine. We have to be very careful when we say, “we are not bound by Evangelium Vitae.” We can find ourselves unleashing the Culture of Death. With all due respect to Pat Buchanan, but he has no canonical authority in the Church. Popes do. They also have the authority to analyze and interpret past teachings.
Fraternally,
Br. JR, OSF