Death penalty question

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Playing golf in a thunderstorm is a bad thing to do. Torturing animals is a bad thing to do. The meaning of the word in those two instances is very different. A bad act can be either one that has a harmful outcome or one that is immoral, and the difference is quite significant.
Executions may indeed have a harmful effect on a community, but where does the evil come from? What is the sin? Do you distinguish between errors and sins?
I expect this is exactly why they oppose the use of capital punishment
I do not believe the morality of capital punishment in general can be challenged. I accept that its use in particular circumstances may well be questioned.
As I said, I am open to the argument that capital punishment ought not be used because it causes more harm than good, but I am not open to the argument that its use is immoral. Unwise perhaps, immoral no.
Ender
Ender, why do you repeat statements not in question? I have repeatedly stated that CP is not intrinsically evil.

The “human act” of an individual instance of CP may be immoral by virtue of Intent or by virtue of Circumstances (which includes consequences) on the part of the one(s) choosing that act.
 
With what dogmatic degree of certainty does the church teach that the death penalty is wrong?
Not sure, but there are a few verses in Holy Scripture which apparently rule out Capital Punishment:
Luke 6:27-29 But I say to you which hear, Love your enemies, do good to them …
Romans 12:14,17 Bless them who persecute you:
Romans 12:17 Do not repay anyone evil for evil. Be careful to do what is right in the eyes of everyone.
Proverbs 24:29 Do not say, “I’ll do to them as they have done to me; I’ll pay them back for what they did.”
Leviticus 19:18 "'Do not seek revenge or bear a grudge against anyone among your people, but love your neighbor as yourself. I am the LORD.
Romans 12:19 Dear friends, never take revenge. Leave that to the righteous anger of God. For the Scriptures say, “I will take revenge; I will pay them back,” says the LORD.
 
Playing golf in a thunderstorm is a bad thing to do. Torturing animals is a bad thing to do. The meaning of the word in those two instances is very different. A bad act can be either one that has a harmful outcome or one that is immoral, and the difference is quite significant.
Fortunately we both know we are discussing a question of moral theology and can be guided by the Church to understand the words in that context: vatican.va/archive/ccc_css/archive/catechism/p3s1c1a4.htm
Executions may indeed have a harmful effect on a community, but where does the evil come from? What is the sin? Do you distinguish between errors and sins?
One cannot sin by acting in good faith, to the best of one’s abilities, even if a terrible mistake (eg. determined in hindsight) is made.

You ask about the source of evil and sin. Consider this scenario:
*A runaway trolley is careering down a track and will kill my baby who crawled onto the track. I wish to save the child and I switch the track to a siding, where 5 men are working. I realise they will die, but I wish to save the child, who is special to me.*The Intention is the good of saving the Child. The Moral Object is the same - to save a life. The Consequences are the sacrificing of the 5 - a “evil” (or bad outcome) disproportionate to the good outcome sought. Such act is immoral. To knowingly choose such an act is a sin. To fail to give proper consideration to the matter prior to acting - is a sin.
I do not believe the morality of capital punishment in general can be challenged.
It is not intrinsically evil and noone is challenging that.
I accept that its use in particular circumstances may well be questioned.
Questioned? That seems a weak observation. Its selection in particular circumstances can be immoral - just like any other “human act” can be immoral if there is not (on balance) good in all 3 fonts.
As I said, I am open to the argument that capital punishment ought not be used because it causes more harm than good, but I am not open to the argument that its use is immoral.
If [and instance of it] causes more harm than good (and the actor reasonably foresaw that) - then that instance of a “human act” is immoral.
 
Yes, but I was responding to #346 and the comment in #349 did not resolve the point you raised earlier.#346 …*.if a person reforms and repents, in Catholic terms of redemption he would be regarded as a new person. An innocent person in Gods eyes. To continue to regard him as guilty despite reform and repentence doesn’t reflect a wholly Catholic attitude.
*
#349 Pope Francis would not be saying that punishment should be abandoned altogether…
You asserted that “if a person reforms and repents…he would be regarded as a new person. An innocent person in Gods eyes.” If that was true then how do you justify punishing an innocent person? Yet if the person still deserves punishment, how can he be considered innocent?

The citation (of JPII) I provided showed that in fact neither repentance nor forgiveness cancels out the debt of punishment and therefore the person cannot be considered either new or innocent.
Why do you keep implying that I’m advocating for ‘canceling out the debt of punishment’? I’m beginning to think you have a truly malicious agenda in the cap punishment debate with the constant misrepresentations. I clearly stated that I was speculating about how the Church would come to address the statement made by Pope Francis that life without parole was a hidden death penalty. In Catholic theology people repent and reform but can still warrant purgatory for a time which far from representing the punishment of the damned, is ‘purification of the elect’. It addresses the impurities that temporal punishment may have addressed but by the prayers and sacrifice of the community of faith.

If as a society we have become more open to the idea that redress of the order of human relationships can be aided by, if not strictly prayers and sacrifice… but the human virtues of goodwill and brotherliness towards the criminal, it could well follow that we could eliminate the notion of life without parole and allow for this more brotherly act of redressing the disorder to the community caused by the crime.

It doesn’t mean that its not a possibility that someone would warrant lifelong incarceration … just that it can be abolished from general law that could predetermine irredeemibility and inevitable damnation.
 
Not sure, but there are a few verses in Holy Scripture which apparently rule out Capital Punishment:
Hmm… I’m not certain that they do… :hmmm:
Luke 6:27-29 But I say to you which hear, Love your enemies, do good to them …
But, criminals aren’t our ‘enemies’; this doesn’t apply to them.
Romans 12:14,17 Bless them who persecute you:
Persecution is a reaction against us for something we do or advocate. A criminal who is being punished hasn’t persecuted us, per se, but has committed a crime against another.
Romans 12:17 Do not repay anyone evil for evil. Be careful to do what is right in the eyes of everyone.
Proverbs 24:29 Do not say, “I’ll do to them as they have done to me; I’ll pay them back for what they did.”
Leviticus 19:18 "'Do not seek revenge or bear a grudge against anyone among your people, but love your neighbor as yourself. I am the LORD.
Romans 12:19 Dear friends, never take revenge. Leave that to the righteous anger of God. For the Scriptures say, “I will take revenge; I will pay them back,” says the LORD.
Each of these speaks to ‘revenge’ – that is, to someone taking justice into his own hands and attempting to settle a score against someone who has wronged us. Again, that’s not what punishment – imposed by the civil authorities against a criminal – is.

So, I’m not at all certain that these quotes argue against capital punishment… 🤷
 
But, criminals aren’t our ‘enemies’; this doesn’t apply to them.
One place it says love your enemies, another place it says love your neighbor. I think it is clear that we are supposed to love the criminal. It even says that we are to visit them in prison. I don;t see how executing someone either by beheading, hanging, gassing or some other way is a Christian way to express your love for someone.
 
Hmm… I’m not certain that they do… :hmmm:

But, criminals aren’t our ‘enemies’; this doesn’t apply to them.

Persecution is a reaction against us for something we do or advocate. A criminal who is being punished hasn’t persecuted us, per se, but has committed a crime against another.

Each of these speaks to ‘revenge’ – that is, to someone taking justice into his own hands and attempting to settle a score against someone who has wronged us. Again, that’s not what punishment – imposed by the civil authorities against a criminal – is.

So, I’m not at all certain that these quotes argue against capital punishment… 🤷
 
Each of these speaks to ‘revenge’
Proverbs 24:29 Do not say, “I’ll do to them as they have done to me…”.
With capital punishment, the society has decided to do to the murderer what he has done to someone else.
 
I have to interject here that Ender cherry picks from the essay of Cardinal Dulles as well.
I think it was a mistake in the past to mostly ignore this charge, but this contagion is spreading and needs to be addressed. It would be useless to respond that, like most people, I hold myself to a higher standard so I’ll simply observe that your arguments hardly require deceit in order to be refuted.
He has never properly addressed the passages regarding retribution in that essay that limit it to the symbolic re-enactment of Gods justice that is honoured by conforming to the States authority and mandate to serve primarily the common good in administering justice.
This pretty much demonstrates my point. You have raised this question before, and I have responded to it before, but here I’ve been discussing issue A, and you charge me with dishonesty for…not addressing issue B. That you find it difficult to focus on one point at a time is hardly evidence of dishonesty on my part.

Put an stop to the name calling; it brings nothing to the discussion and in the end will simply get the thread shut down.

Ender
 
Ender please stick to the point.
My challenge was:
I misunderstood which statements you were referring to.
In fact both Aquinas and JPII demonstrated that legitimate State Executions can be done without directly intending with one’s heart the death of the criminal.And the only way this can be done is by using exactly the same argument behind both private self-defence and therapeutic surgery (which would otherwise be the evil of mutilation). Namely, defence of life.
No, the analogy fails, just as an execution cannot satisfy all four of the requirements of the principle of double effect. The second criterion is that “The good effect must not come about as a result of the evil effect, but must come directly from the action itself.” It seems rather apparent that the good effect - the safety of society - is in no way the result of the act of execution but comes directly from the death of the prisoner.
Clearly the CCC [2263] states such indirect killing is possible in a deliberate State Execution as well as a private self -defence.
That passage says nothing whatever about execution so this conclusion is unwarranted, and is explicitly rejected by none other than Pope Francis:*On some occasions it is necessary to repel an ongoing assault proportionately to avoid damage caused by the aggressor, and the need to neutralize him could lead to his elimination; this is a case of legitimate defense. (cf. Evangelium vitae, 55). Nevertheless, the presuppositions of legitimate personal defense do not apply at the social level, without the risk of misinterpretation. When the death penalty is applied, it is not for a current act of aggression, but rather for an act committed in the past. *
Scholastic moral philosophy sees a clear distinction between the “chosen foreseen likely lethal consequence” of the primary intention of defending another… and “directly intending” the aggressor’s death." Do you accept the possibility of this distinction also for the State or not?
I have no problem with the distinction regarding personal self defense. I do not, however, accept that that distinction applies to an execution, where the lethal consequence is not likely but mandatory, and, more significantly, is not a reaction to a “current act of aggression, but rather for an act committed in the past.” There is nothing in church teaching that allows preventive killing. The real distinction, though, is this: the killing in self defense is inadvertent; the killing in an execution is deliberate.

Ender
 
Cont…
I agree with you totally that it is impossible for the State to Execute without directly intending the death of a criminal IF the primary motive is retrib justice.
You cannot argue both that for the same act the State does and does not directly intend the death of the criminal. Besides, if we may kill to obtain security, why may we not kill to obtain justice?

The underlying objective of self defense is just that: the defense of one’s self or others, but that goal does not permit a specific act if intentional killing. It is not accurate to say the goal of self defense allows one to intend a killing, and if it is not allowed in individual cases of self defense how can it be allowed the State if the State’s rights are no different than those of its citizens?
That is exactly why the CCC (and the Pope and Aquinas) states that the secondary objective of the Common Good (ie defence of the State) MUST be present.
This alone can make State Executions indirect killings.
The individual does not possess the right - for any reason - to deliberately kill, and if the State’s rights are the same then neither does the State possess the right to execute.
CCC2267 "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. "
This is looks stated as a principle to me.
As the church herself has explained, this is a preference, not a doctrine.*405. Bloodless methods of deterrence and punishment are **preferred **as “they better correspond to the concrete conditions of the common good and are more in conformity to the dignity of the human person”.[835] **[835] Catechism of the Catholic Church, 2267.
*(Compendium of the Social Doctrine of the Church)
Why would you think it is a prudential judgement (apart from the fact that Dulles told you…or because you see this as the only way to resolve what you fear is a “inconsistency” with tradition)?
Dulles is hardly alone in reaching that conclusion, but when the church herself explains 2267 as a preference the better question is how can you deny it is prudential?*While the Church has not denied its traditional position that the state has the right to employ capital punishment, many Catholic bishops, together with Popes Paul VI and John Paul II, have spoken against the exercise of that right by the state. *(Indiana Catholic Conference, 1998)
Ender
 
"Ender:
This was asserted by your Stanford resource, but an assertion is not an argument and I reject the assertion.
Well then that’s the end of the matter isn’t it…
No, I said before that if you wanted to continue to debate what Aquinas said you would need to send me the link to the Stanford article. You didn’t do it so I considered the issue closed.
Cherry picking theologians who only agree with your fears and proclivities will never do that.
If you wish to have an amicable discussion then I suggest you avoid challenging my integrity. This insult is unwarranted. I have never cited a source and deliberately taken something out of context.
So if a Stanford authority on Aquinas writes respected papers demonstrating Aquinas is not actually consistent on lots of these points throught his life/corpus …
Surely you can distinguish between asserting something and providing a logical argument that justifies the claim. I am willing to discuss it; I am not willing to simply accept it.
Its hard to respect you as an honest seeker of truth my friend.
This says more about you than about me.
Because of this very closed approach to honest debate it is probably a waste of my time providing you an in depth paper on Aquinas’s inconsistencies wrt Captial Punishment.
Do you really find these cheap shots appropriate? Do you think they are a positive contribution to the discussion? Since I have already stated I would review the Stanford article, there is - again - no justification for your attitude.
You and I may well have been brain-washed into thinking the Capital Defence debate is totally closed done and dusted on all points.
Whether all points have or have not been resolved doesn’t mean that the main points have not been settled. I can’t speak to everything but I can speak to the points that have been raised.

Ender
 
Cardinal Dulles essay on Capital Punishment:
firstthings.com/article/2001/04/catholicism-amp-capital-punishment

Extract:In light of all this it seems safe to conclude that the death penalty is not in itself a violation of the right to life. The real issue for Catholics is to determine the circumstances under which that penalty ought to be applied. It is appropriate, I contend, when it is necessary to achieve the purposes of punishment and when it does not have disproportionate evil effects. I say “necessary” because I am of the opinion that killing should be avoided if the purposes of punishment can be obtained by bloodless means.If such penalty is required to defend society, then it is reasonable to say that it does not have disproportionate evil effects.
Look at the part of that sentence preceding the part you put in bold:*It is appropriate, I contend, when it is necessary to achieve the purposes of punishment and *…
Now, what is the primary purpose of punishment and is it possible to consider that the purposes of punishment have been achieved unless the primary purpose has been satisfied? Given that retribution is the primary purpose one can never achieve the “purposes of punishment” unless the obligation of retribution - retributive justice - has been satisfied.

Ender
 
The PDE (Principle of Double Effect) is not the basis upon which the permissibility of capital punishment rests. Capital Punishment does not satisfy the requirements of PDE, for its intended good effects rest solely on its bad effects, which must therefore be intended.
We are in complete agreement on this point.
Capital Punishment is explicitly “authorised” by God.
And this one as well.
But under the general principles of moral theology, it is not right to pursue it when other options with a lesser bad effect can achieve the equivalent good effect.
This too seems reasonable.
The Church argues that only where protection of society necessitates capital punishment is it the moral choice.
But not this one. It is a preferred choice, but other choices are equally moral because there is nothing that makes them immoral. You can argue that eschewing capital punishment is a more beneficial choice, but it would only be immoral of me to choose otherwise if I agreed with you and supported capital punishment anyway. Otherwise there is no moral choice involved; only a practical decision.

Ender
 
That’s good because nobody I’ve ever read said that the welfare of the community is limited to physical protection.
Good, then when we discuss the common good we can accept that it means justice as well as protection.
The first obligation of human justice is to that relationship.
Yes, the first obligation of human justice is…justice.
The Church identifies the culture of death as a toxic influence on that relationship.
Not exactly. It is the last three popes that have expressed their belief that its influence is harmful. Not exactly a teaching of the church.
We have converged to a place where first we don’t need the death penalty to protect the community any more because of advances in the penal system.
As you noted above, protection is not the only concern, and advances in the penal system are irrelevant to those other concerns. It is assuredly irrelevant to the question of justice.

Ender
 
Ender, why do you repeat statements not in question? I have repeatedly stated that CP is not intrinsically evil.

The “human act” of an individual instance of CP may be immoral by virtue of Intent or by virtue of Circumstances (which includes consequences) on the part of the one(s) choosing that act.
I’ve been trying to settle this one point. Any act is immoral if the intent behind it is immoral, but no act is immoral solely because it turns out badly so long as the intent was good, due care was taken, and there was a reasonable expectation that good would result. (Intrinsically evil acts are a different discussion.)
One cannot sin by acting in good faith, to the best of one’s abilities, even if a terrible mistake (eg. determined in hindsight) is made.
This is the point I have been trying to make about supporting capital punishment, and why there is no moral distinction between believing it is harmful and believing it is beneficial. You can only assert the choice is immoral if you also judge that the person making the choice has acted in bad faith.

Ender
 
One cannot sin by acting in good faith, to the best of one’s abilities, even if a terrible mistake (eg. determined in hindsight) is made.
This is the point I have been trying to make about supporting capital punishment, and why there is no moral distinction between believing it is harmful and believing it is beneficial. You can only assert the choice is immoral if you also judge that the person making the choice has acted in bad faith.

Ender
 
Look at the part of that sentence preceding the part you put in bold:It is appropriate, I contend, when it is necessary to achieve the purposes of punishment and
Now, what is the primary purpose of punishment and is it possible to consider that the purposes of punishment have been achieved unless the primary purpose has been satisfied? Given that retribution is the primary purpose one can never achieve the “purposes of punishment” unless the obligation of retribution - retributive justice - has been satisfied.

Ender
Have we debated this point??

Death is not essential for the punishment to be just. Death may be just, but why should it be mandatory?

And how do we deal with the mercy and forgiveness. Must they be opposed to justness?
 
I’ve been trying to settle this one point. Any act is immoral if the intent behind it is immoral, but no act is immoral solely because it turns out badly so long as the intent was good, due care was taken, and there was a reasonable expectation that good would result. (Intrinsically evil acts are a different discussion.)

This is the point I have been trying to make about supporting capital punishment, and why there is no moral distinction between believing it is harmful and believing it is beneficial. You can only assert the choice is immoral if you also judge that the person making the choice has acted in bad faith.

Ender
it is evident that one cannot sin by mistake or oversight or misunderstanding. One can sin through ill intent. One can sin through deliberate choice of an act which one knows to have greater “evil” in the Consequences. How it “happens to turn out”, as opposed to what one anticipated, is irrelevant to one’s culpability as I’ve said before.
 
Why do you keep implying that I’m advocating for ‘canceling out the debt of punishment’?
What I “keep” doing is referring to the specific point you made in post #346, which was this:if a person reforms and repents, in Catholic terms of redemption he would be regarded as a new person. An innocent person in Gods eyes. To continue to regard him as guilty despite reform and repentence doesn’t reflect a wholly Catholic attitude.
You specifically said in #349 that you are not advocating for the elimination of punishment, which I also noted, so your assertion above is in no way accurate.
I clearly stated that I was speculating about how the Church would come to address the statement made by Pope Francis that life without parole was a hidden death penalty.
The part I was addressing was clearly noted by the fact that I quoted it, which is the comment I cited above. That’s why I cited it: so you would know what I was responding to.

Ender
 
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