Do you remember when El Chapo escaped from one of the most secure prisons in Mexico? I think the real challenge to this new found position on the death penalty is in places where the bad guys are funded as well as (or better than) the government.
I think the real challenge here is understanding the true nature of punishment. So long as the argument in favor of the death penalty depends on whether or not it is assumed to be necessary for protection, that lack of understanding will persist.
Protection is a valid objective of punishment, but it is not primary, and it cannot set the severity of the punishment except marginally. Beyond that, Francis’ change to the catechism appears to rule this argument irrelevant anyway. So what is left? Is there any argument that the position the church expressed for 2000 years was, and is, correct?
Yes, I think there is. First, the changes to the church’s explanation of capital punishment have been a muddle since 1992. So what has changed, and are the changes doctrinal or prudential? What are the implications if we assume they are doctrinal?
The claim is made that Francis must be correct because he is protected from error by the Holy Spirit, but if that is true of Francis it must have been equally true of all his predecessors, yet if he is right then they were all wrong, so we have to jettison our belief that the Spirit guides and protects the church.
We could of course believe that morality changes with the times, which would have us reject the teaching that “
The natural law is immutable and permanent throughout the variations of history”, which would also signify that the catechism itself was an unreliable guide.
We would have to discount the virtually unanimous position taken by the Fathers on this matter, but in that case it would mean rejecting the teaching of Vatican I that “
it is permitted to no one to interpret the Sacred Scripture contrary to this sense, nor, likewise, contrary to the unanimous consent of the Fathers.” Along with that would be the denial that the church had fulfilled “
her mission of authentically interpreting God’s law.” (VS #45)
Discarding the traditional teaching on capital punishment also involves discarding the claim that “
sacred tradition, Sacred Scripture and the teaching authority of the Church, in accord with God’s most wise design, are so linked and joined together that one cannot stand without the others.” (DV 10) All we’d be left with is…the Pope.
The alternative is to accept the teachings from JPII forward as prudential objections to its application in current circumstances rather than moral objections to its use per se. In addition to avoiding all of the catastrophic objections I mentioned, it also fits much better with what seems to be the church’s actual position on punishment.