Hi, thanks in advance for responses. I am in the final stages of discerning conversion to the Catholic Church from protestantism. On the whole, I am very traditional in my theology and liturgical views. As such, I find the Church’s apparent reversal on the death penalty, while not a problem of dogma, to be misguided and provoked by modern thought. Are there many traditionalist who hold this view? Furthermore, from a traditional perspective, what is the position of a lay person who disagrees with non-dogmatic moral teaching?
The moral teachings of the Catholic Church are never up for debate, unless the Holy See itself opens up the floor for such debates. Even though there are man moral teachings which have not been assigned the character of infallible statements, they are still to be obeyed.
You see, even if the moral teaching itself is not an infallible statement, such as the teaching on artificial birth control, the fact that it is a moral teaching that comes to us from the authority of the magisterium it commands our obedience and assent in faith.
In other words, we obey because obedience is also a moral teaching and it is an infallible teaching. We must obey all legitimate authority unless such authority commands sin.
In the case of the death penalty, we are not being commanded to do something sinful. We are commanded to do something good. We are commanded to respect all life and to remember that even though the State has the authority to punish those who break the law, even by imposing the death penalty, there are other considerations which did not exist in the past.
The Church reminds us that the State has an ogligation to exercise its authority with justice and with the guidance of moral principal. How does this translate when it comes to the death penalty?
It means that the State can legitimately use the death penalty. But the key word is legitimacy. The death penalty is only legitimate when there are no other means of protecting the innocent and in today’s technologicaly advanced society there are many ways of protecting the innocent.
The Church, in her wisdom also knows that to give the State the right to use the death penalty without moral guidance is a dangerous thing, because the death penalty has been used in many societies very unjustly, including our own.
If the State (this applies to any nation) had the freedom to use the death penalty without moral judgement, what was mean to protect the innocent can be used against the innocent as has been the case many times.
Therefore, to avoid the unjust application of the death penalty, the Church directs the world to remember that there are other options, including repairing our demaged judicial systems which allow criminals freedom. No State may impose the death penalty before it ensures that its judicial system is fair and that all alternatives have been carefully considered without prejudice.
It is also important for the Church that the death penalty never be used as a means of retribution, for God calls us all to forgive. The Church does not support the death penalty to make happy the family of the victims of crimes. True happiness never comes from vengance. True happiness comes from love.
The Church does not deny the State’s authority to use the death penalty. It simply acknowledges that there are very few situations when its use is justifiable.
If we think about it this way, then we can see how there is a moral truth here. States cannot be trusted with the freedom to impose the death penalty without moral judgement and guidance from the faith. States do have ther resources to protect the innocent. The first of those resources is to fix broken legal systems around the world. How can we trust the judgement of a legal system that is so often wrong and unjust? This can be said about the legal system in the USA or any other nation in the world.
This is a moral truth. This moral truth cannot be debated. The human legal system is flawed in ways that can be fixed. Societies have abused the death penalty. Death penalty is not a means for vengance, but to protect the innocent. The victim of the crime is usually dead and the death penalty will not return his or her life. To make a family happy by killing the murderer of their beloved is not true happiness. To kill is usually not the solution. In fact, it rarely solves anything. Therefore it is a moral teaching that must be obeyed because there is no much logic behind it and it is based on doctrine. Man is not the author of life, therefore man cannot have absolute authority over the life of another. Such authority must be regulated by moral reason and doctrine.
Fraternally,
JR
