Death Penalty and Justice

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I believe with all my heart that every human being that has ever existed is a creation of God. Yes God is pure good, however, that does not make us "good, by virtue of our existence. He has given us free will and because of such, every person has been tainted by Original Sin … and everyone except Jesus and Mary, (after the age of reason), by actual sin.
No, we cannot ‘create’ evil, but we sure as heck can DO evil, some even give themselves over to the ‘Evil One’ and allow him to rule their lives.

Again, at the risk of beleaguring my original respons to you, there are people who do henious and, yes, evil things to other people. Most evil, IMHO, to children. I do not ‘hate’ them, I pity them. I do ‘hate’ what they do to children and believe we as a society must do whatever necessary to protect children from that sort of evil.

If the only way possible to prevent a child rapist from commiting another assault on a child is to put him/her to death, then we as a society MUST do so.
We are good by virtue of our existence. It is impossible for Gad to create an evil thing. Every thing that has being is good, albeit to varying degrees. The being of “pure evil” cannot exist, if for no other reason than evil is not a created quality, but a privation of good.
 
If forgiveness and compassion have nothing to do with punishment then they are irrelevant to the discussion.
LOL x 2. I never said that forgiveness and compassion have nothing to do with punishment either. F&C do not remove a punishment, but they should be taken into consideration when giving one. Showing compassion to those you despise is difficult. Giving forgiveness can be almost impossible. Sometimes the just punishment is the hardest one to give. Religion should be first and foremost about forgiveness and compassion, and if that isn’t evident in your actions then something is wrong IMO. No one can be as perfect as Jesus, but you should still try.
 
We are good by virtue of our existence. It is impossible for Gad to create an evil thing. Every thing that has being is good, albeit to varying degrees. The being of “pure evil” cannot exist, if for no other reason than evil is not a created quality, but a privation of good.
Is Satan “good by virtue of his existence”?
 
Is Satan “good by virtue of his existence”?
In a manner of speaking. This is a problematic metaphysical discussion, that is, the nature of evil. But to suggest that God creates evil things is to suggest that there is a measure of evil in God, and as such, is not pure good. Therefore we must conclude that since God is the perfection of good, that all that has being is good.
 
In a manner of speaking. This is a problematic metaphysical discussion, that is, the nature of evil. But to suggest that God creates evil things is to suggest that there is a measure of evil in God, and as such, is not pure good. Therefore we must conclude that since God is the perfection of good, that all that has being is good.
OK, this has quite spiraled way out of control …

Seriously, good luck to you in your quest for knowledge. Funny thing, looking at your interests, you and I have a lot in common…🤷
 
Your citation didn’t address the issue I raised regarding the ability to properly apply charity and the inability to properly apply justice.
I see it clearly.
Sure, how about this: "The law, nevertheless, is clear that for public prosperity it is to the interest of all that virtue - and justice especially, which is the mother of all virtues - should be practiced" (Leo XIII, Exeunte Iam Anno)
A bit of a stretch. “Mother” does not equate to “greatest” otherwise the Church would teach that Mary is greater than her Son. Since you like Aquinas, I’ll cite the Summa Q.61 Art.2 Reply Obj. 1: “Prudence is absolutely the principal of all the virtues.” But the ranking of the human virtues is academic since we agree charity is the greatest virtue. I have offered how the death penalty may comply with charity – the greatest commandment within the Church’s teaching. That is enough for me.
I did not suggest that personal penance was sufficient to satisfy justice. Retribution is required - as you yourself show in what you quote: *“A penalty is the reaction required by law and justice in response to a fault.” *This has been my point all along. Another part of what you quoted is also relevant: *“God Himself pointed out to Noah, it is the fact that “man was made to the image of God” that makes an assault on him tantamount to an assault on God.” *This alludes to the second part of Genesis 9:6 … the first part of which is “Whoever sheds man’s blood, by man shall his blood be shed.” This is a teaching the Church still accepts.
I think you carry quite a few stones in your pockets. The weight of which, I think, causes you to miss the central point and dwell on the periphery of this encyclical and Church teaching in general on the subject of the death penalty.
I don’t see any point in continuing exchanges.
 
But the ranking of the human virtues is academic since we agree charity is the greatest virtue. I have offered how the death penalty may comply with charity – the greatest commandment within the Church’s teaching. That is enough for me.
*“A charity that loves and serves the person is never able to be separated from justice.” *(JPII, Christifideles Laici, 1988)
I think you carry quite a few stones in your pockets. The weight of which, I think, causes you to miss the central point and dwell on the periphery of this encyclical and Church teaching in general on the subject of the death penalty.
If by “quite a few stones” you mean I can cite any number of specific comments the Church has made that are directly relevant to the topic, you are correct. As to how that causes me to misunderstand what the Church teaches, that’s a bit less obvious.

Ender
 
Ender,
Seeing this thread reminds of a similar one from almost two years ago. You were instrumental in guiding me to tremendous clarity on what was a seemingly confusing issue given the wording of the CCC. Thanks again.
 
*“A charity that loves and serves the person is never able to be separated from justice.” *(JPII, Christifideles Laici, 1988)

If by “quite a few stones” you mean I can cite any number of specific comments the Church has made that are directly relevant to the topic, you are correct. As to how that causes me to misunderstand what the Church teaches, that’s a bit less obvious.

Ender
While I love you like a brother or sister, I’ve got to go with John Paul II as your superior in understanding the enitire body of Church teaching regarding the death penalty (as does the retired moderator of this particular forum: forums.catholic-questions.org/showthread.php?t=134752).
 
Seeing this thread reminds of a similar one from almost two years ago. You were instrumental in guiding me to tremendous clarity on what was a seemingly confusing issue given the wording of the CCC.
The more you dig into this issue the better you can recognize the problem we face: there is an unbridgeable gap between what the Church taught in the past and what is in the Catechism today. That really presents problems for people who sincerely want to understand what the moral position on this issue really is.
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o_mlly:
I’ve got to go with John Paul II as your superior in understanding the entire body of Church teaching regarding the death penalty
This very neatly summarizes the problem: we are forced to choose between two justifiable but competing positions - the Church now and the Church then. Your conclusion is surely a valid one - obviously - as it’s the position taken by pretty much all of the clergy. You will note, however, there are problems with this position which appear as soon as you try to defend it with an argument as there is quite literally nothing whatever in the entire history of the Church that justifies it. There are certainly no references in either 2267 or Evangelium Vitae to any supporting material and I doubt that this is mere oversight. So long as you stick with “because JPII said so” you are safe but once you leave that spot you will find you come to the argument empty handed.

Ender
 
… You will note, however, there are problems with this position which appear as soon as you try to defend it with an argument as there is quite literally nothing whatever in the entire history of the Church that justifies it. There are certainly no references in either 2267 or Evangelium Vitae to any supporting material and I doubt that this is mere oversight. So long as you stick with “because JPII said so” you are safe but once you leave that spot you will find you come to the argument empty handed.

Ender
I don’t see competing positions. EV does not contradict any prior infallible teaching; it does amplify and clarify prior Church teachings just as Christ promised His Holy Spirit would do through Peter and his successors (John 14:26).

The Holy Spirit does not need “supporting materials” to speak through the one whom He has chosen to teach us on faith and morals. It is a papal charism.

If you see contradictions in EV to prior encyclicals, please cite the specifics in EV and the prior document it purportedly contradicts. I think you will find that it is you who comes empty handed.
 
I don’t see competing positions.
Nowhere prior to 1995 (Evangelium Vitae) had the Church ever said that the death penalty should not be used. Given that the Catechism of Trent called the application of capital punishment “paramount obedience” to the fifth commandment I think it’s pretty clear that what is in the 1997 catechism is nothing like what is in the Catechism of Trent.
The Holy Spirit does not need “supporting materials” to speak through the one whom He has chosen to teach us on faith and morals. It is a papal charism.
The charism of infallibility does not extend to opinions, even those of popes and that seems to be what we have in EV, the prudential opinion of JPII. As to whether the Holy Spirit requires supporting materials, I think it is more accurate to note that as morality does not change with time and place what is taught today should be a natural extension of what was taught before, and on this topic that is plainly not the case.
If you see contradictions in EV to prior encyclicals, please cite the specifics in EV and the prior document it purportedly contradicts. I think you will find that it is you who comes empty handed.
Let’s take the 1997 Catechism and section 2267 which is based on EV 56. The first sentence says: "The traditional teaching of the Church does not exclude, presupposing full ascertainment of the identity and responsibility of the offender, recourse to the death penalty,* when this is the only practicable way to defend the lives of human beings effectively against the aggressor.**" *This claim is simply wrong. It is no more accurate than saying 2+2 = 5. The Church has never had such a restriction.

The last sentence is a claim about the effectiveness of modern penal systems which is certainly debatable but in any case is not even a moral issue. This is no less an opinion than holding that Mickey Mantle was a better ball player than Willie Mays.

The middle sentence says:* “If, instead, bloodless means are sufficient to defend against the aggressor and to protect the safety of persons, public authority should 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.”*

First, the primary objective of punishment is not protection but justice, a concept that this section simply ignores, so it is fair to suggest that it is the primary objective that must always be satisfied whether or not the secondary objective of protection is achieved. Second, and even more significant, it is precisely the dignity of the human person that the Church cites as the reason for the necessity of capital punishment. This requirement is found in Genesis 9:6: "Whoever sheds the blood of man, by man shall his blood be shed; **for God made man in his own image.***" *That is, it is because man is so special that his murder carries with it such serious punishment.

Ender
 
Nowhere prior to 1995 (Evangelium Vitae) had the Church ever said that the death penalty should not be used.
The Church has consistently taught that the civil authorities may only use the death penalty judiciously (having or exhibiting sound judgment; prudent). This teaching is not contradicted in EV.
Given that the Catechism of Trent called the application of capital punishment “paramount obedience” to the fifth commandment I think it’s pretty clear that what is in the 1997 catechism is nothing like what is in the Catechism of Trent.
I think it not clear at all. To the contrary, the documents are in harmony. A more complete quote from the Catechism of Trent is “the just use of this power … is an act of paramount obedience … “ (emphasis mine). EV elaborates on the just use of this power as taught by Trent; EV also does not proscribe capital punishment again in harmony with Trent.
The charism of infallibility does not extend to opinions, even those of popes …
That is incorrect. In matters of faith and morals, the papal opinion is charismatically infallible.
… and that seems to be what we have in EV, the prudential opinion of JPII. As to whether the Holy Spirit requires supporting materials, I think it is more accurate to note that as morality does not change with time and place what is taught today should be a natural extension of what was taught before, and on this topic that is plainly not the case.
This paragraph simply begs the question and does not move us forward. Alleging EV is a not a “natural extension of what was taught before” is no proof. As I have shown above with citations, EV does naturally and authoritatively extend the Trentan formulations. Trent and EV both allow that prudence is required by the civil authority in effecting the death penalty. Where is the contradiction?
Let’s take the 1997 Catechism and section 2267 which is based on EV 56. The first sentence says: "The traditional teaching of the Church does not exclude, presupposing full ascertainment of the identity and responsibility of the offender, recourse to the death penalty,* when this is the only practicable way to defend the lives of human beings effectively against the aggressor.***" This claim is simply wrong. It is no more accurate than saying 2+2 = 5. The Church has never had such a restriction.
The Church has always restricted the use of the death penalty to “judicious“ use only as cited above in the Catechism of Trent.
The last sentence is a claim about the effectiveness of modern penal systems which is certainly debatable but in any case is not even a moral issue. This is no less an opinion than holding that Mickey Mantle was a better ball player than Willie Mays.
Agree. However, who would claim the current penal system is less secure than the system in place in the 16th century?
The middle sentence says:* “If, instead, bloodless means are sufficient to defend against the aggressor and to protect the safety of persons, public authority should 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.”*
This instruction is moral and, therefore, binding. Note that consistent with Trent, retribution is not offered as a moral means to justify capital punishment.
First, the primary objective of punishment is not protection but justice …
The Church does not teach that the primary purpose of the death penalty is justice. (And the primary purpose of punishment is not justice either but expiation as noted earlier in Pius XII discourse to Italian jurists.) Rather the primary purpose of the death penalty is, and has been consistently taught by the Church, is the security of human life. From the Catechism of Trent: “The end of the Commandment is the preservation and security of human life. Now the punishments inflicted by the civil authority, which is the legitimate avenger of crime, naturally tend to this end, since they give security to life by repressing outrage and violence.”
, a concept that this section simply ignores, so it is fair to suggest that it is the primary objective that must always be satisfied whether or not the secondary objective of protection is achieved. Second, and even more significant, it is precisely the dignity of the human person that the Church cites as the reason for the necessity of capital punishment.
You are right. EV rightly ignores your concept – retribution – and re-emphaizes Trent’s notion of the primacy of secuirty.
This requirement is found in Genesis 9:6: "Whoever sheds the blood of man, by man shall his blood be shed; **for God made man in his own image.***" *That is, it is because man is so special that his murder carries with it such serious punishment. Ender
Now, Ender, if, as you have already promised, not to interpret Scripture (remember “Job”?) then why start now. The etymology of the word “heretic” is the Greek word “hairein” which means to choose. Heretics take the passages of Scripture they like and errantly elevate them above all others.
Have you read Trent’s proscription against duelling? I think those who in the 16th century thought the Council outrageous to encroach on their “divine” right to defend their honor used argument’s much like yours – “Since the Church never taught that before, she cannot teach it now!”
 
The more you dig into this issue the better you can recognize the problem we face: there is an unbridgeable gap between what the Church taught in the past and what is in the Catechism today. That really presents problems for people who sincerely want to understand what the moral position on this issue really is.
This very neatly summarizes the problem: we are forced to choose between two justifiable but competing positions - the Church now and the Church then.

Ender
It seems that what you have offered, that JP2 offered his prudential opinion but found an unfortunate place to publish it (in the CCC), is the most acceptable. I think we should adopt a construction that does not potentially throw all Catholic doctrine into question. The Catholic Church taught for centuries that the death penalty was both the right and the duty of states. So we can believe:
  1. a. the Catholic Church claims that its doctrines are unchanging eternal truths that may be developed, but not contradicted.
 
The more you dig into this issue the better you can recognize the problem we face: there is an unbridgeable gap between what the Church taught in the past and what is in the Catechism today. That really presents problems for people who sincerely want to understand what the moral position on this issue really is.

Ender
I believe that your position, that JP2 was offering his prudential opinion but made an unfortunate decision about where to publish it (the CCC), is the most logical. The alternatives would seem to have the potential to throw all Catholic Doctrine into question. You can believe:
  1. a. The Catholic Church claims that its doctrine contains eternal, immutable truths that may be developed and more fully understood over time, but cannot be contradicted.
    b. The Catholic Church held for centuries that capital punishment was the right and duty of states in appropriate instances.
    c. CCC 2267 offers a novel and unprecedented teaching about the death penalty that explicitly contradicts centuries of Church teaching.
    d. The Catholic Church holds out CCC 2267 as doctrine and therefore an eternal, immutable truth.
    e. Because there cannot be two truths that contradict one another, the Catholic Church’s claim that its doctrine contains eternal, immutable truths is proved to be false.
Or you can believe:
  1. a. The Catholic Church claims that its doctrine contains eternal, immutable truths that may be developed and more fully understood over time, but cannot be contradicted.
    b. The Catholic Church held for centuries that capital punishment was the right and duty of states in appropriate instances.
    c. CCC 2267 offers a novel and unprecedented teaching about the death penalty that explicitly contradicts centuries of Church teaching.
    d. Although published in the CCC, 2267 represents the prudential opinion of a Pope but is not advanced as doctrine that must be accepted by the faithful.
    e. Because these two positions are not both offered as eternal, immutable truths, doctrine must prevail over prudential opinion, thus not proving the falsity of Catholic Church doctrine.
I simply cannot believe number 1.
 
The Church has consistently taught that the civil authorities may only use the death penalty judiciously (having or exhibiting sound judgment; prudent). This teaching is not contradicted in EV.
Our disagreement has never been about whether the Church ever supported the injudicious use of capital punishment. The question is not whether its use should be proper but over what makes it so and EV and Trent answer that question completely differently.
A more complete quote from the Catechism of Trent is “the just use of this power … is an act of paramount obedience … “ (emphasis mine). EV elaborates on the just use of this power as taught by Trent; EV also does not proscribe capital punishment again in harmony with Trent.
This simply begs the question of what constitutes just use. EV bases its opposition on it being unnecessary for the protection of society; Trent bases its support on the heinousness of the crime and the nature of man.
That is incorrect. In matters of faith and morals, the papal opinion is charismatically infallible.
That this is obviously untrue can be seen from the number of papal statements made throughout history that are obviously wrong. In fact, papal pronouncements are charismatically infallible only when the pope claims they are or when he speaks in concert with the bishops, neither of which was the case with EV. Review Lumen Gentium 25 for a thorough explanation.
As I have shown above with citations, EV does naturally and authoritatively extend the Trentan formulations. Trent and EV both allow that prudence is required by the civil authority in effecting the death penalty. Where is the contradiction?
It is surely true that EV deals with prudence but Trent deals with justice; there is simply no rational connection between the two documents nor have I read any commentary suggesting such a thing. Trent states that capital punishment is necessary because the murder of a human, who is made in the image of God, is such a terrible crime; EV says that executions are unnecessary to protect society. They are worlds apart in what they address.
This instruction is moral and, therefore, binding. Note that consistent with Trent, retribution is not offered as a moral means to justify capital punishment.
It is opinion and therefore not binding. It is not consistent with Trent and 2267 is not even consistent with what was just said in 2266 that the primary objective of punishment is retribution.

Ender
 
cont…
The Church does not teach that the primary purpose of the death penalty is justice. (And the primary purpose of punishment is not justice either but expiation as noted earlier in Pius XII discourse to Italian jurists.)
I am happy to use the statement of Pius XII to understand this issue, and we can start with your claim that the primary purpose of punishment is expiation. 2266 is rather explicit: “the primary scope of the penalty is to redress the disorder caused by the offense.” As Cardinal Dulles explained in 2001: "Punishment is held to have a variety of ends that may conveniently be reduced to the following four: rehabilitation, defense against the criminal, deterrence, and retribution." It should be pretty clear that “redressing the disorder” means retribution, and as Pius said about punishment, it *"is the reaction required by law and **justice *in response to a fault"
Rather the primary purpose of the death penalty is, and has been consistently taught by the Church, is the security of human life. From the Catechism of Trent: “The end of the Commandment is the preservation and security of human life. Now the punishments inflicted by the civil authority, which is the legitimate avenger of crime, naturally tend to this end, since they give security to life by repressing outrage and violence.”
That is the objective of the fifth Commandment, it is not the objective of punishment. Nowhere, even in the 1997 Catechism, does the Church ever make the security of human life the primary objective of punishment.
You are right. EV rightly ignores your concept – retribution – and re-emphasizes Trent’s notion of the primacy of security.
Retribution is not my concept. It is the Church which recognizes this as the primary objective of punishment, but you are surely right in noting that EV ignores it. That’s the problem.
Now, Ender, if, as you have already promised, not to interpret Scripture (remember “Job”?) then why start now. The etymology of the word “heretic” is the Greek word “hairein” which means to choose. Heretics take the passages of Scripture they like and errantly elevate them above all others.
You really should have believed me when I told you that I don’t offer my own interpretations of Scripture; your allusion to heresy is inappropriate not least because it is inaccurate. Let’s go back to Trent.
  • “The enormity of this sin is manifest from many and weighty passages of Holy Scripture. So much does God abominate homicide that** He declares in Holy Writ that** of the very beast of the field He will exact vengeance for the life of man, commanding the beast that injures man to be put to death.”*
This explicitly references Genesis 9:5 - “And for your lifeblood I will surely demand an accounting. I will demand an accounting from every animal.”

“Nay, as it is forbidden in Genesis to take human life, because God created man to his own image and likeness, he who makes away with God’s image offers great injury to God, and almost seems to lay violent hands on God Himself !”


And this is an explicit reference to Gen 9:6 - "Whoever sheds the blood of man, by man shall his blood be shed;* for in the image of God has God made man**." *

Those passages are not something the Church can simply renounce based on the efficacy of modern penal systems; they will be true for all time.

Ender
 
I believe that your position, that JP2 was offering his prudential opinion but made an unfortunate decision about where to publish it (the CCC), is the most logical. The alternatives would seem to have the potential to throw all Catholic Doctrine into question.
The acknowledgment that 2267 is prudential opinion is more widespread that most of its supporters realize.

It is, I think, unfortunate that this prudential judgement was added to the Catechism. No matter how valuable it may be, the protection of the Holy Spirit does not apply to it, nor can such judgments ever be part of the Church’s Magisterium. The Church has no special gift for discerning the capabilities of the modern age in comparison with past ages, the quality of the world’s penitentiaries, or —to return to the main point—what is necessary for the protection of the public safety. For this reason, her opinions on this subject do not properly belong in catechisms. (Dr. Jeff Mirus, Catholic Culture, 2004)

To me it {Dunnigan’s article} demonstrates that the “Catechism” has not dealt with the death penalty in a sufficiently full way. It has limited itself to just one aspect, public safety, while not even discussing the other traditional purposes of punishment. Beyond that, it has included a prudential judgment (the only such one in the “Catechism” on any topic, so far as I am aware) that, by its nature, cannot be binding in conscience. (Karl Keating, 2004)*

Catholic teaching on capital punishment is in a state of dangerous ambiguity. The discussion of the death penalty in the Catechism of the Catholic Church is so difficult to interpret that conscientious members of the faithful scarcely know what their Church obliges them to believe. Although the constant teaching of the Church has been that the state has a right to impose the death penalty, the Catechism declares that the actual circumstances in which capital punishment is legitimate are “practically nonexistent.” Moreover, the Catechism weaves doctrine so tightly together with prudential and factual judgments that it is not at all clear how much of its discourse on capital punishment actually is being put forward as binding Catholic teaching.* (R. Michael Dunnigan J.D. J.C.L. (canon lawyer), 2003)

The most reasonable explanation for the current pope’s stance on this question is that his opposition is an exercise in prudence, which is the application of eternally true principles to the changing circumstances of time and place (Dennis Teti, 2003)

The realm of human affairs is a messy one, full of at least apparent inconsistency and incoherence, and the recent teaching of the Catholic Church on capital punishment—vitiated, as I intend to show, by errors of historical fact and interpretation—is no exception. (Kevin L. Flannery SJ, Gregorian University - Rome, 2007)

Ender
 
I am happy to use the statement of Pius XII to understand this issue, and we can start with your claim that the primary purpose of punishment is expiation. 2266 is rather explicit: “the primary scope of the penalty is to redress the disorder caused by the offense.” As Cardinal Dulles explained in 2001: "Punishment is held to have a variety of ends that may conveniently be reduced to the following four: rehabilitation, defense against the criminal, deterrence, and retribution." It should be pretty clear that “redressing the disorder” means retribution, and as Pius said about punishment, it *“is the reaction required by law and **justice ***in response to a fault”
That is the objective of the fifth Commandment, it is not the objective of punishment. Nowhere, even in the 1997 Catechism, does the Church ever make the security of human life the primary objective of punishment.
Retribution is not my concept. It is the Church which recognizes this as the primary objective of punishment, but you are surely right in noting that EV ignores it. That’s the problem.
You really should have believed me when I told you that I don’t offer my own interpretations of Scripture; your allusion to heresy is inappropriate not least because it is inaccurate. Let’s go back to Trent.
  • “The enormity of this sin is manifest from many and weighty passages of Holy Scripture. So much does God abominate homicide that** He declares in Holy Writ that*** of the very beast of the field He will exact vengeance for the life of man, commanding the beast that injures man to be put to death.”
This explicitly references Genesis 9:5 - "And for your lifeblood I will surely demand an accounting. I will demand an accounting from every animal."

"Nay, as it is forbidden in Genesis to take human life, because God created man to his own image and likeness, he who makes away with God’s image offers great injury to God, and almost seems to lay violent hands on God Himself !"

And this is an explicit reference to Gen 9:6 - "Whoever sheds the blood of man, by man shall his blood be shed;* for in the image of God has God made man***."

Those passages are not something the Church can simply renounce based on the efficacy of modern penal systems; they will be true for all time.

Ender
Myopic.
 
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