E
Ender
Guest
God has granted the state the right and duty to exact vengeance for wrongs committed against members of society. That right is exclusively theirs; the individual is prohibited from exacting vengeance.What exactly has God granted? Is it just a right to intervene and punish?
There are surely cases where an individual will refuse to press charges for a crime committed against him and the state will not intervene. There are also crimes, however, that the state must punish regardless of the wishes of the individual and this is because crimes impact not just the individuals involved but society as a whole. Aquinas does not seem to find that idea absurd.*When, therefore, anyone does good or evil to another individual, there is a twofold measure of merit or demerit in his action: first, in respect of the retribution owed to him by the individual to whom he has done good or harm; secondly, in respect of the retribution owed to him by the whole of society. … he who governs the community, cares, first of all, for the common good; wherefore it is his business to award retribution for such things as are done well or ill in the community. *(ST I-II 21,3-4)Take the example of a robbery that takes place. The person who was stolen from may rightly choose to not report it and push the matter forward. But by your logic, the State should jump in and still carry out justice. Why? Because IT IS ITS DUTY! That is absurd.
I feel like we’re talking about different things. Of course individuals create the laws of a state. The point I have been making is that it is the state alone, through its justice system, that has both the right and the duty to punish crimes.To even try and say the State determines the correct course of action independent of society is absurd because the State consists of individuals.
That is certainly true to the degree that we may judge about whether a particular case is an exception to the rule, but God was pretty specific in what said the rule was to be.God does not say what is the best action to achieve common good.
Retribution is an obligation of justice. Justice is served if a punishment is neither too severe nor too lenient for the particular conditions. If it is true that retribution establishes an upper limit it is equally true that it sets a lower limit as well.Two vices are opposed to vengeance: one by way of excess, namely, the sin of cruelty or brutality, which exceeds the measure in punishing: while the other is a vice by way of deficiency and consists in being remiss in punishing, … But the virtue of vengeance consists in observing the due measure of vengeance with regard to all the circumstances. (ST II-II 108 2 ad 3)The Retribution aspect merely establishes the upper limit of punishment.
To state in your own language, retribution aspect in a case of murder simply makes it clear that the State may rightfully and justly decide to execute the offender.
It is surely true that she has never taught that all murderers without exception are to be executed but it is equally true she has held that execution should be the rule and not the exception. The church no more teaches that all murderers are to be executed without exception than she teaches there are no exceptions to attending mass on Sunday. There may be exceptions in both cases but the rules are plainly given.BUT, there is no need to carry it out. In fact, nowhere does the Church “definitively teach” (aka doctrine) say that if one were to let a person who has killed another have an alternate punishment, it is unacceptable.
Ender