Here is Avery Dulles’ response to Judge Scalia:
I think you won’t find a stronger advocate for the catechism’s position on this subject than Cardinal Dulles.
At one point John Paul II says that the death penalty should be used only “when it would not be possible otherwise to defend society.” (IOW, Dulles is addressing the claim that the first part of 2267 is contrary to traditional Catholic doctrine) Does this mean mere physical defense against the criminal himself? If so, capital punishment could not be warranted by other goals upheld in the tradition: deterrence of other potential offenders, the potential conversion of the convict, and especially expiation or retribution. But this narrow interpretation would run up against many biblical testimonies.
This is the heart of the argument and of Dulles’ position: what does
“defend against the aggressor” mean? Dulles is well aware of the problem with interpreting that phrase - as virtually everyone here has done - to mean
“mere physical defense.” If that’s what it means then, as Dulles recognized, it would
“run up against many biblical testimonies.”
If the Pope were opposing the biblical and traditional doctrine, Catholics would be confronted by a painful dilemma: either to dissent from past teaching or to dissent from the Pope.
This is exactly my argument and it all hinges on what the phrase “
defend against” means. It appears that the strongest argument Dulles could find that “defending” meant more than physical defense was this:* It is at least plausible to think, with Professor Steven Long, that when the Pope speaks of the protection of society as grounds for using the death penalty, he may have more in mind than mere physical defense against the individual criminal. *
“Plausible” and “may have” are terribly weak arguments.
In my interpretation of the Pope I am consciously using what Joseph Cardinal Ratzinger and others have called a “hermeneutics of continuity.” My desire is to be faithful both to the past and to the present teaching of the Magisterium.
Dulles’ problem is that he is trying to square a circle. No one understands the phrase
“defend against the aggressor” to include the concept of retributive justice, which it would have to mean for there to be any continuity with the past.
Catholic doctrine unquestionably develops, but every authentic development, as Cardinal Newman showed, must grow out of the past and confirm it. To contradict a doctrine is in no way to develop it.
So much for the “development of doctrine” argument.
Ender