L
LongingSoul
Guest
For a start, nobody is arguing that punishment should be abolished and nobody is arguing that punishment is not required to redress the ‘disorder caused by crime’ (which we naturally understand to relate to the common good). So quit with your strawman arguments.This is incorrect, protection is only a secondary objective of punishment. 2266 identifies the primary objective:*The primary scope of the penalty is to redress the disorder caused by the offense. *
Whatever else may be true, it is clear that the prevention of future crimes does absolutely nothing to redress the disorder caused by crimes already committed. You may be uncomfortable with this but the fact remains that retribution - retributive justice - is primary.*The third justifying purpose for punishment is **retribution ***or the restoration of the order of justice which has been violated by the action of the criminal. We grant that the need for retribution does indeed justify punishment (USCCB)
Retribution is “the third” purpose here because the USCCB merely listed them; they did not rank them. Interestingly they only listed three purposes…they did not even mention protection. None of your other arguments hold up as they are all based on the misconception that protection is primary.
…is by understanding what the church actually teaches about punishment, and that begins with understanding the primary objective of all punishment.*The USCCB correctly defined retribution as “the restoration of the order of justice which has been violated by the action of the criminal.” *(Joseph L. Falvey, Jr., Professor of Law, Ave Maria Law School)
Ender
Secondly, it is very, very, clearly articulated by Cardinal Dulles that …
**Retribution by the State has its limits because the State, unlike God, enjoys neither omniscience nor omnipotence. According to Christian faith, God “will render to every man according to his works” at the final judgment (Romans 2:6; cf. Matthew 16:27). Retribution by the State can only be a symbolic anticipation of God’s perfect justice.
**
So what are human beings to measure justice by? Answer - The needs of the community. The disorder caused to the common good. This is human justice for which the state is responsible. Aquinas words regarding use of the death penalty…
**Our Lord commanded them to forbear from uprooting the cockle in order to spare the wheat, i.e. the good. This occurs when the wicked cannot be slain without the good being killed with them, either because the wicked lie hidden among the good, or because they have many followers, so that they cannot be killed without danger to the good, as Augustine says (Contra Parmen. iii, 2). Wherefore our Lord teaches that we should rather allow the wicked to live, and that vengeance is to be delayed until the last judgment, rather than that the good be put to death together with the wicked.**When, however, the good incur no danger, but rather are protected and saved by the slaying of the wicked, then the latter may be lawfully put to death.
and
**Our Lord forbids the uprooting of the cockle, when there is fear lest the wheat be uprooted together with it. **But sometimes the wicked can be uprooted by death, not only without danger, but even with great profit, to the good. Wherefore in such a case the punishment of death may be inflicted on sinners.
Our Lord ‘forbids’ its use when it is detrimental to the common good. Forbids no less. Not ‘suggests’ or ‘advises’… forbids.
Common sense dictates that if the Lord forbids using death as a punishment if the common good will be harmed… that as a community we have the capacity to objectively know when it is harming the common good. That is what has been happening around the world for the last century. The Vatican herself abolished it from law in 1969 and we are at the point where the vast majority of the world has moved to remove it from law. People on mass are sensing that it is doing more harm than good in the community and heeding both the natural and divine call which forbids its use under those circumstances… are taking the only acceptable steps. No human being whether consciously or unconsciously, wants to fall fowl of the Lord who forbids its use when it isn’t serving human justice.