Church Teachings on the Death Penalty

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The public authority is given the power to kill wrongdoers, and that not unjustly, since it is necessary for the defense of the commonwealth. (St. Alphonsus Liguori)

Another Doctor of the Church speaking in similar terms as CCC 2267.
Defense has always been a valid objective of punishment and, contrary to 2267, there is nothing in de Liguori’s statement that suggests that capital punishment may be used *only *when it is necessary in defense.

I am traveling and don’t have access to my notes so I can’t look up that statement and see the context in which he uses the word defense. As with “the common good” the phrase can assume more complex meanings than is being suggested here.

Ender
 
As with “the common good” the phrase can assume more complex meanings than is being suggested here.

Ender
I’m thinking the same thing about the use of the word “defense”. 😉
 
How sure of the norm can we be if the norm changes? You ought to be aware of the problems caused when doctrines change, especially if those changes involve the repudiation of earlier doctrines. You are much too casual about accepting 2267 as a doctrinal change since that position involves the rejection of doctrine that had been settled for nearly 2000 years. If doctrines on capital punishment can be discarded what about doctrines on contraception and homosexuality? Shall we just assume they can change also? If one ancient doctrine can change then why not all of them?
Hmm. This could be why the discussion is going nowhere. I’m not suggesting doctrines change. Not only is that not possible, but part of my problem is it appears you think the Magisterium has got the issue of the death penalty wrong since 1995.
The church proclaims that she is the one true interpreter of Scripture and revelation. How seriously should we take that assertion if she reverses her doctrines?
She can’t reverse her doctrines. I’m challenging your presentation of her doctrines in light of what the last few Popes have said, mainly you saying 2267 is wrong.
 
I’m not suggesting doctrines change. Not only is that not possible, but part of my problem is it appears you think the Magisterium has got the issue of the death penalty wrong since 1995.
Do you acknowledge that the 1997 version of the catechism, in 2267, constituted a major change in the church teaching on capital punishment or is it your position that there has been no change in church teaching on this subject?
She can’t reverse her doctrines. I’m challenging your presentation of her doctrines in light of what the last few Popes have said, mainly you saying 2267 is wrong.
Actually what I said was that 2267 is not doctrine and since it is a prudential judgment it can be in error. If nothing else we are surely not obligated to assent to it.

Ender
 
Do you acknowledge that the 1997 version of the catechism, in 2267, constituted a major change in the church teaching on capital punishment or is it your position that there has been no change in church teaching on this subject?
No change in Church teaching properly interpreted. 🙂
Actually what I said was that 2267 is not doctrine and since it is a prudential judgment it can be in error. If nothing else we are surely not obligated to assent to it.
I think it very imprudent to disagree with the prudential judgment, but that aside I was talking about Assuming that the guilty party’s identity and responsibility have been fully determined, the traditional teaching of the Church does not exclude recourse to the death penalty, if this is the only possible way of effectively defending human lives against the unjust aggressor.

and not

If, however, non-lethal means are sufficient to defend and protect people’s safety from the aggressor, authority will limit itself to such means, as these are more in keeping with the concrete conditions of the common good and are more in conformity to the dignity of the human person.

Today, in fact, as a consequence of the possibilities which the state has for effectively preventing crime, by rendering one who has committed an offense incapable of doing harm - without definitely taking away from him the possibility of redeeming himself - the cases in which the execution of the offender is an absolute necessity “are very rare, if not practically non-existent.”

It seems you disagree with the first part, which is what I was addressing.
 
No change in Church teaching properly interpreted.
I can’t find it because I’m still traveling and without access to my notes, but there is a statement from Archbishop Wilton Gregory where he comments on the significant change in the 1997 version of the catechism with regard to capital punishment. The proper understanding of something is taking the words to mean what they obviously say; I see no rational way to support the idea that nothing has changed.
I think it very imprudent to disagree with the prudential judgment, but that aside I was talking about Assuming that the guilty party’s identity and responsibility have been fully determined, the traditional teaching of the Church does not exclude recourse to the death penalty, if this is the only possible way of effectively defending human lives against the unjust aggressor.
It seems you disagree with the first part, which is what I was addressing.
Imprudent or not, we have no moral obligation to assent to prudential judgments and yes, this is one statement with which I disagree. This is an assertion about a verifiable fact regarding the traditional teaching of the church and it is not accurate. The church has never attached the caveat that the use of capital punishment was dependent on its need to protect the public. As I pointed out earlier this statement differs from the statement made in the 1992 version of the catechism regarding the traditional teaching on this subject. This is only one of the significant changes that was made in those five years between the two releases of the catechism. The 1992 version is in accord with all of the previous (half dozen) versions of catechisms going back to the the Catechism of St. Thomas. The 1997 version is different than all of the others and these differences are not addressed by refusing to acknowledge their existence.

Ender
 
The proper understanding of something is taking the words to mean what they obviously say; I see no rational way to support the idea that nothing has changed.
Has something changed in the presentation on how capital punishment is to be administered? Yes, so clearly something has changed. Has Church teaching changed on the issue of capital punishment? No, since it’s something that can’t change.
Imprudent or not, we have no moral obligation to assent to prudential judgments and yes, this is one statement with which I disagree. This is an assertion about a verifiable fact regarding the traditional teaching of the church and it is not accurate. The church has never attached the caveat that the use of capital punishment was dependent on its need to protect the public. As I pointed out earlier this statement differs from the statement made in the 1992 version of the catechism regarding the traditional teaching on this subject. This is only one of the significant changes that was made in those five years between the two releases of the catechism. The 1992 version is in accord with all of the previous (half dozen) versions of catechisms going back to the the Catechism of St. Thomas. The 1997 version is different than all of the others and these differences are not addressed by refusing to acknowledge their existence.
I’d bet that Cardinal Ratzinger, Pope John Paul II, Cardinal Schotte, etc. etc. didn’t all of a sudden not understand what the Church teaches regarding the death penalty. I don’t think I’ll ever understand the line of thinking that implies they either never understood or forgot what the Church teaches. 🤷
 
I’d bet that Cardinal Ratzinger, Pope John Paul II, Cardinal Schotte, etc. etc. didn’t all of a sudden not understand what the Church teaches regarding the death penalty.
If the statement is true then there should be some evidence to support it. Where is it? Surely we should have examples of the traditional teaching of the church to support 2267. You have 2000 years of church history at your disposal. Provide a single example that supports the assertion that capital punishment is to be used only when necessary to defend society. And you might also try to explain why all of the examples from previous catechisms and earlier popes do not contain such a restriction.
I don’t think I’ll ever understand the line of thinking that implies they either never understood or forgot what the Church teaches.
You keep providing a rationale for why 2267 cannot be in error which is not at all the same as rebutting my assertion that it is in error. I can provide at least a dozen citations from the traditional teaching of the church, none of which contains that restriction. Neither you nor anyone else can provide a single supporting citation. Even the catechism itself provides no supporting citation for the simple reason that there is nothing to cite.

Ender
 
Has something changed in the presentation on how capital punishment is to be administered? Yes, so clearly something has changed. Has Church teaching changed on the issue of capital punishment? No, since it’s something that can’t change.
The change was a good bit more extensive than you admit.*When the second edition of the Catechism of the Catholic Church appeared in 1997, some readers were surprised to discover that the purpose of capital punishment as restitution of public order had been removed from the discussion. *(Archbishop Wilton Gregory, 2008)
catholicculture.org/culture/library/view.cfm?recnum=8506

The significance of the change Gregory refers to is this: the primary objective of all punishment is (as laid out in 2266) the “restitution of public order”. According to 2267 however that purpose is no longer primary for the use of capital punishment. This is hardly a “presentational” change. *Only in the last 40 years of its history has the church come out against state-sponsored executions, except in highly delimited circumstances. Such a departure from previous teaching, which stretches back almost two millennia, is bound to invite controversy within the ranks of the Catholic faithful.
*As Gregory recognizes, this is a “departure from previous teaching” and explains why there is nothing in previous teaching - the traditional teaching - to support it … which is why the assertion in 2267 about the traditional teaching is simply incorrect.In the short span of time between the first edition of the text and the final official Latin version issued in 1997, the section pertaining to the death penalty was significantly revised.
There is, however, nothing in church history to support the "significant revisions" that were made.

Ender
 
Where can I find this citation?

Ender
You can find the Latin here. For all of Liguori’s Theologia Moralis, look here.

Latin:

Dubium II
An, et quomodo liceat occidere malefactorem.
376. An liceat occidere Proscriptos propria auctoritate? . . . .
Resp. Extra casum necessariae defensionis, de quo infra, nulli id licet, nisi auctoritate publica, et juris ordine servato, ut patet Exod. 22 et Rom. 13.
. . . Secus est de proscriptis quos occidendi cuius acutoritas publica datur: idque non injuste, cum ad Reipublicam defensionem sit necessarium.

English:

Doubt II
Whether, and in what manner, is it lawful to kill a wrongdoer
376. Whether it is lawful for proper authority to kill a criminal?
376.—Response: Other than the case of necessary defense, of which more below, no one except public authority may lawfully do so, and then only if the order of the law has been observed, as is made clear in Exodus 22 and Romans 13.
. . . . The public authority is given the power to kill wrongdoers, and that not unjustly, since it is necessary for the defense of the commonwealth.

The saint then goes on to basically explain that inflicting capital punishment must be done out of love for justice, not hatred, etc etc.

I originally found the quote here

Hope that helps. 🙂
 
If the statement is true then there should be some evidence to support it. Where is it? Surely we should have examples of the traditional teaching of the church to support 2267. You have 2000 years of church history at your disposal. Provide a single example that supports the assertion that capital punishment is to be used only when necessary to defend society. And you might also try to explain why all of the examples from previous catechisms and earlier popes do not contain such a restriction.
Here’s a “singe example” from the Doctor of Moral Theology, which I quoted in my previous post:

Other than the case of necessary defense… no one except public authority may lawfully do so, and then only if the order of the law has been observed.
 
The change was a good bit more extensive than you admit.*When the second edition of the Catechism of the Catholic Church appeared in 1997, some readers were surprised to discover that the purpose of capital punishment as restitution of public order had been removed from the discussion. *(Archbishop Wilton Gregory, 2008)
catholicculture.org/culture/library/view.cfm?recnum=8506
Don’t overlook his earlier statement though: * What brought about this change in the catechetical presentation of the church’s moral stance?*

I think the Archbishop is confronting the issue of what has seemingly been removed from the discussion by those who interpret 2267 in isolation from traditional Catholic teaching, rather than what has actually been removed. Because he later says, “The statements of the supreme pontiff and those of the American hierarchy over the last 40 years **are by no means inconsistent with historical Catholic teaching on just punishment **and the need to safeguard human life and social goods.

Other key points in the Archbishop’s speech:

The Catholic moral tradition, as referenced in this presentation on capital punishment, shows an unambiguous preference to preserve life even when the order of justice is threatened and the safety of innocent life is at stake. While acknowledging the moral and legal prerogative of the state to execute criminals in strictly limited circumstances, the church pleads for restraint in the exercise of that prerogative.

The preference for the use of “bloodless means” is in line with the whole tradition of the church because, even in lawfully carrying out justice for the sake of society, Christians are called to show mercy and not vengeance.
 
You can find the Latin here. For all of Liguori’s Theologia Moralis, look here. … I originally found the quote here
Thanks, but I can’t read Latin. The original source, however, was quite useful. While I don’t have access to his Moral Theology I did find his “complete works” which includes the “Instructions for the People” from which my citation was taken (p. 461)
saintsbooks.net/books/St.%20Alphonsus%20Maria%20de%20Liguori%20-%20Complete%20Works%20-%2015%20-%20Preaching.pdf
Here’s a “singe example” from the Doctor of Moral Theology, which I quoted in my previous post:

Other than the case of necessary defense… no one except public authority may lawfully do so, and then only if the order of the law has been observed.
I don’t think you have interpreted this accurately. The question is whether Liguori is saying that capital punishment can be used only if necessary to defend society where “defend” has the same meaning as in 2267 where it was used as defense "against the aggressor", that is in terms of self defense. According to your source, that was not his meaning.

This is a section of that article citing E. Christian Brugger’s analysis of Liguori’s statement:But his further statement that “beyond the cause of necessary defense, it is never licit [to kill malefactors], except by public authority and in order to preserve the order of law” [nisi auctoritate publica, et juris ordine servato]* makes a distinction between “necessary defense” as self-defense (as in the Catechism, no. 2267) and the killing necessary for "preserving the order of law."*
That is, Brugger (who supports JPII) recognized the distinction between what Liguori said and what the catechism says. The article’s author explained it this way:In other words, St. Alphonsus does not limit the moral or just application of the death penalty by private authority to instances where it is necessary in the manner that it would have to be necessary for a private individual to justify killing another in self-defense. ** The notion of “necessity” when it comes to the public authority’s defense of the common good is much broader than the notion of “necessity” required to justify deadly force against an unjust aggressor.

The meaning of “necessity” as Liguori used it includes the necessity of redressing the damage done to society by the crime as part of the defense of the common good by “preserving the order of law.”

Ender
 
I don’t think you have interpreted this accurately. The question is whether Liguori is saying that capital punishment can be used only if necessary to defend society where “defend” has the same meaning as in 2267 where it was used as defense "against the aggressor", that is in terms of self defense. According to your source, that was not his meaning.

This is a section of that article citing E. Christian Brugger’s analysis of Liguori’s statement:But his further statement that “beyond the cause of necessary defense, it is never licit [to kill malefactors], except by public authority and in order to preserve the order of law” [nisi auctoritate publica, et juris ordine servato]** makes a distinction between “necessary defense” as self-defense (as in the Catechism, no. 2267) and the killing necessary for “preserving the order of law.**”
I don’t necessarily support Brugger’s analysis. The link is just where I found the quote. 🤷

I think that I have mentioned on this thread my interpretation of “human lives” as basically meaning “common good”.
 
I don’t necessarily support Brugger’s analysis. The link is just where I found the quote.

I think that I have mentioned on this thread my interpretation of “human lives” as basically meaning “common good”.
The question is whether the “common good” refers *solely *to the security of human lives or whether it has a broader meaning that encompasses justice, and I don’t think a convincing argument can be made that anyone in the church interpreted the term narrowly. The church has never placed mere existence as the highest value. In fact, in regard to the virtues, a good argument can be made that justice exceeds them all and would surely have been included in the meaning of the “common good.”

Ender
 
The question is whether the “common good” refers *solely *to the security of human lives or whether it has a broader meaning that encompasses justice, and I don’t think a convincing argument can be made that anyone in the church interpreted the term narrowly. The church has never placed mere existence as the highest value. In fact, in regard to the virtues, a good argument can be made that justice exceeds them all and would surely have been included in the meaning of the “common good.”

Ender
Where’s the disagreement? All protection of the common good, including justice, leads to and essentially is the defense of human lives, especially the spiritual aspect of human life.
 
Where’s the disagreement? All protection of the common good, including justice, leads to and essentially is the defense of human lives, especially the spiritual aspect of human life.
This is not the context in which 2267 states that capital punishment may be used only to defend human life. That section ignores the concept of retributive justice, which is what makes 2267 so different than the statement made by St. Alphonsus and why his comment does not support the assertion about the traditional teaching of the church that 2267 makes.

Ender
 
This is not the context in which 2267 states that capital punishment may be used only to defend human life. That section ignores the concept of retributive justice, which is what makes 2267 so different than the statement made by St. Alphonsus and why his comment does not support the assertion about the traditional teaching of the church that 2267 makes.

Ender
:doh2::doh2::doh2::doh2::doh2::banghead::banghead::banghead:
 
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