How can an act be moral, yet its implication be immoral?
I don’t quite agree with the assertion either, but it goes to the difference between the doctrine and the application of that doctrine. The doctrine is that States have a legitimate right to employ capital punishment for serious crimes, so the theoretical use of capital punishment is moral. It is a moral act when viewed solely between the State and the murderer.
It has, however, been judged that the use of capital punishment is harmful to those societies that use it, so in that sense it is held to be an immoral act when the act is seen in context with the larger society.
The problem with that position is that it is based on an assumption, an educated guess. If I know something is immoral I have a moral obligation not to do it. If I know something will be harmful I have that same obligation, but what if I don’t know? What if such knowledge is not possible to possess? Asserting that this is now a moral choice cannot be true. If I simply ignore the recommendations of those more learned in the field, or if I make my choice based on prejudice or hate, then yes, I will be held accountable.
But what if I come to the informed position that the greater harm comes from withholding capital punishment? What then? What becomes of me if I support the recommended position that I believe is wrong? Isn’t doing something you believe to be wrong itself a sin whether or not what you believe is true? If using capital punishment is by implication immoral then so is supporting its use, and its supporters are quite literally in a “damned if you do and damned if you don’t” position.
One might argue that this is like deciding whether to use contraceptives: you have the choice of doing what the church teaches or of ignoring her doctrines and doing what you think best, but this ignores the crucial distinction between doctrine and prudential judgments. I am not free to ignore doctrine. I am, however, not obligated to assent to an opinion if I have good reason to oppose it, and in that case there is no question of morality. I may have made a correct or incorrect choice, but I have not committed an immoral act. That is, the implication is not moral.
Ender