Pope Francis and Capital Punishment
Aug 3, 2018 12:22:36 GMT
Post by Admin on Aug 3, 2018 12:22:36 GMT
Excerpt:
Pope Francis Is Wrong about the Death Penalty. Here’s Why.
In light of today’s news that the pope has “changed the Catechism of the Catholic Church about the death penalty, saying it can never be sanctioned,” we are reprinting this as a reference point for concerned Catholics. –SS, 8/2/2018
When the first version of this column was originally published in March 2015, it was occasioned by comments made by Pope Francis to the effect that the death penalty is never justified. Since then, it has become necessary to revise and update it, due to additional comments on the topic from the pope. Of particular note, these appeared in his apostolic exhortation Amoris Laetitia (83), which states: “[T]he Church not only feels the urgency to assert the right to a natural death, without aggressive treatment and euthanasia,” but likewise “firmly rejects the death penalty.”
This statement, which moved the pope’s position from the realm of personal opinion and into a document some perceive to be a part of his personal magisterium, was addressed by an eminent group of theologians as a potential heresy here [see A). 1).]. For illustrative purposes, here’s a screenshot the section in question:
The citations in the above make clear that the established teaching of the Church on the matter comes from both the Scriptures and the Magisterium. And yet, in an address given today, October 11, 2017, marking the 25th anniversary of the Catechism of the Catholic Church, the pope has taken his position even farther, saying the Catechism needs to be revised to reflect the understanding that capital punishment
“is, in itself, contrary to the Gospel, because a decision is voluntarily made to suppress a human life, which is always sacred in the eyes of the Creator and of whom, in the last analysis, only God can be the true judge and guarantor” (emphasis added).
The teaching of the Church on the permissibly of capital punishment, however, is taken from Divine Revelation; it is, in other words, infallible, and not subject to such changes – even by a pope. As the late Jesuit theologian Fr. John Hardon explained:
In the 20th century, Pope Pius XII provided a full doctrinal defense of capital punishment. Speaking to Catholic jurists, he explained what the Church teaches about the authority of the State to punish crimes, even with the death penalty.
The Church holds that there are two reasons for inflicting punishment, namely “medicinal” and “vindictive.” The medicinal purpose is to prevent the criminal from repeating his crime and to protect society from his criminal behavior. The vindictive is to expiate for the wrong-doing perpetrated by the criminal. Thus, reparation is made to an offended God, and the disorder caused by the crime is expiated.
Equally important is the Pope’s insistence that capital punishment is morally defensible in every age and culture of Christianity. Why? Because the Church’s teaching on “the coercive power of legitimate human authority” is based on “the sources of revelation and traditional doctrine.” It is wrong, therefore, “to say that these sources only contain ideas which are conditioned by historical circumstances.” On the contrary, they have “a general and abiding validity” (Acta Apostolicae Sedis, 1955, pp. 81-2).
Behind this declaration of the Vicar of Christ is a principle of our Catholic faith. Most of the Church’s teaching, especially in the moral order, is infallible doctrine because it belongs to what we call her ordinary universal magisterium. There are certain moral norms that have always and everywhere been held by the successors of the Apostles in communion with the Bishop of Rome. Although never formally defined, they are irreversibly binding on the followers of Christ until the end of the world.
Such moral truths are the grave sinfulness of contraception and direct abortion. Such, too, is the imposition of the death penalty. Certainly Christianity, like Christ, is to be merciful. Certainly Christians are to be kind and forgiving. But Christ is God. He is indeed loving and in fact is love. But He is also just. As a just God, He has a right to authorize civil authority to inflict capital punishment.
The Church holds that there are two reasons for inflicting punishment, namely “medicinal” and “vindictive.” The medicinal purpose is to prevent the criminal from repeating his crime and to protect society from his criminal behavior. The vindictive is to expiate for the wrong-doing perpetrated by the criminal. Thus, reparation is made to an offended God, and the disorder caused by the crime is expiated.
Equally important is the Pope’s insistence that capital punishment is morally defensible in every age and culture of Christianity. Why? Because the Church’s teaching on “the coercive power of legitimate human authority” is based on “the sources of revelation and traditional doctrine.” It is wrong, therefore, “to say that these sources only contain ideas which are conditioned by historical circumstances.” On the contrary, they have “a general and abiding validity” (Acta Apostolicae Sedis, 1955, pp. 81-2).
Behind this declaration of the Vicar of Christ is a principle of our Catholic faith. Most of the Church’s teaching, especially in the moral order, is infallible doctrine because it belongs to what we call her ordinary universal magisterium. There are certain moral norms that have always and everywhere been held by the successors of the Apostles in communion with the Bishop of Rome. Although never formally defined, they are irreversibly binding on the followers of Christ until the end of the world.
Such moral truths are the grave sinfulness of contraception and direct abortion. Such, too, is the imposition of the death penalty. Certainly Christianity, like Christ, is to be merciful. Certainly Christians are to be kind and forgiving. But Christ is God. He is indeed loving and in fact is love. But He is also just. As a just God, He has a right to authorize civil authority to inflict capital punishment.
What the Church Actually Teaches About Capital Punishment
The Church’s stance on capital punishment has always been more than merely permissive; the idea, for example, that “rendering harmless” those criminals deserving of capital punishment is sufficient to eradicate the need for such a sentence is simply not consistent with the teachings of Holy Scripture or the understanding of popes, doctors of the Church, and various apostolic pronouncements.
Whatever the present pope’s desire, therefore, to eradicate capital punishment, he can’t – because even a pope lacks the authority to make such a change. In order to advance his position, Pope Francis would have to declare several of his predecessors – as well as St. Augustine, St. Thomas Aquinas, St. Thomas More (who prosecuted heretics in an England where heresy was a capital offense), a papal decree, an apostolic constitution, and also divinely inspired Sacred Scriptures – in error.
We’ll begin with the Scriptures, leaving aside the more numerous examples that could be drawn from the Old Testament and focusing instead on passages taken from the New Testament:
“If then I am a wrongdoer, and have committed anything for which I deserve to die, I do not seek to escape death” (Acts 25:11).
“Let every soul be subject to higher powers. For there is no power but from God: and those that are ordained of God. Therefore, he that resisteth the power resisteth the ordinance of God. And they that resist purchase to themselves damnation. For princes are not a terror to the good work, but to the evil. Wilt thou then not be afraid of the power? Do that which is good: and thou shalt have praise from the same. For he is God’s minister to thee, for good. But if thou do that which is evil, fear: for he beareth not the sword in vain. For he is God’s minister: an avenger to execute wrath upon him that doth evil” (Romans 13:1-4).
We must also examine papal and magisterial pronouncements:
- “It must be remembered that power was granted by God [to the magistrates], and to avenge crime by the sword was permitted. He who carries out this vengeance is God’s minister (Rm 13:1-4). Why should we condemn a practice that all hold to be permitted by God? We uphold, therefore, what has been observed until now, in order not to alter the discipline and so that we may not appear to act contrary to God’s authority.” –Pope Innocent I, Epist. 6, C. 3. 8, ad Exsuperium, Episcopum Tolosanum, 20 February 405, PL 20,495.
- Condemned as an error: “That heretics be burned is against the will of the Spirit.” –Pope Leo X, Exsurge Domine (1520)
- “The power of life and death is permitted to certain civil magistrates because theirs is the responsibility under law to punish the guilty and protect the innocent. Far from being guilty of breaking this commandment [Thou shall not kill], such an execution of justice is precisely an act of obedience to it. For the purpose of the law is to protect and foster human life. This purpose is fulfilled when the legitimate authority of the State is exercised by taking the guilty lives of those who have taken innocent lives. In the Psalms we find a vindication of this right: ‘Morning by morning I will destroy all the wicked in the land, cutting off all evildoers from the city of the Lord’ (Ps. 101:8). –Roman Catechism of the Council of Trent, 1566, Part III, 5, n. 4
- “Even in the case of the death penalty the State does not dispose of the individual’s right to life. Rather public authority limits itself to depriving the offender of the good of life in expiation for his guilt, after he, through his crime, deprived himself of his own right to life.” –Pope Pius XII, Address to the First International Congress of Histopathology of the Nervous System, 14 September 1952, XIV, 328
And finally, some teachings from the doctors of the Church:
- “The same divine authority that forbids the killing of a human being establishes certain exceptions, as when God authorizes killing by a general law or when He gives an explicit commission to an individual for a limited time. The agent who executes the killing does not commit homicide; he is an instrument as is the sword with which he cuts. Therefore, it is in no way contrary to the commandment, ‘Thou shalt not kill’ to wage war at God’s bidding, or for the representatives of public authority to put criminals to death, according to the law, that is, the will of the most just reason.” –St. Augustine, The City of God, Book 1, chapter 21
- “It is written: ‘Wizards thou shalt not suffer to live’ (Ex. 22:18); and: ‘In the morning I put to death all the wicked of the land’ (Ps. 100:8). … Every part is directed to the whole, as imperfect to perfect, wherefore every part exists naturally for the sake of the whole. For this reason we see that if the health of the whole human body demands the excision of a member, because it became putrid or infectious to the other members, it would be both praiseworthy and healthful to have it cut away. Now every individual person is related to the entire society as a part to the whole. Therefore if a man be dangerous and infectious to the community, on account of some sin, it is praiseworthy and healthful that he be killed in order to safeguard the common good, since ‘a little leaven corrupteth the whole lump’ (1 Cor. 5:6).” –St. Thomas, Summa Theologiae, II, II, q. 64, art. 2
- St. Thomas even proposes that accepting a death sentence has an expiatory nature: “Even death inflicted as a punishment for crimes takes away the whole punishment for those crimes in the next life, or at least part of that punishment, according to the quantities of guilt, resignation, and contrition; but a natural death does not” (Summa Theologiae, Index, under the word mors [Turin, 1926], as cited by Romano Amerio in Iota Unum, p. 435).
In his apostolic constitution Horrendum illud scelus, Pope St. Pius V even went so far as to decree that actively homosexual clerics were to be stripped of their office and handed over to the civil authorities, who at that time held sodomy as a capital offense. He wrote: “We determine that clerics guilty of this execrable crime are to be quite gravely punished, so that whoever does not abhor the ruination of the soul, the avenging secular sword of civil laws will certainly deter.”
For some of us, these teachings could be construed, to borrow words from the New Testament, as “hard sayings.” But as Catholics, we are obligated to wrestle with these teachings – especially the ones we don’t understand or find ourselves interiorly opposed to.
The above citations alone should be sufficient to prove that the death penalty has always been viewed by the Church as more than simply morally permissible in certain circumstances. The traditional view was that, when carried out justly, the execution of criminals deserving of such penalties by the legitimate authority of the state positively serves the common good and even has the power to expiate temporal punishment on the part of the guilty.
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Another common argument against the death penalty follows from E.V.’s assertion that “[m]odern society in fact has the means of effectively suppressing crime by rendering criminals harmless without definitively denying them the chance to reform.” This argument typically takes the form of a statement along these lines: “If criminals are executed, what chance do they have to repent and convert? The longer we keep them alive, the more opportunities there are for God’s grace to reach them.”
St. Thomas Aquinas addressed this claim specifically. He wrote:
These examples suffice to demonstrate that there are real prudential aspects to the application of the death penalty that should be evaluated by competent civil and ecclesiastical authorities. The Church certainly never demanded that the death penalty always be carried out in certain cases. The decision was relegated to legitimate civil authority. This, too, was affirmed by no less than our Divine Savior Himself, Who said to Pontius Pilate – knowing full well He was about to be sentenced to an unjust death – “Thou shouldst not have any power against me, unless it were given thee from above” (Jn. 19:11).
Christ didn’t say that what Pilate was doing was just in those circumstances. But he did affirm that the authority rested with him to do it.
It is demonstrably false that capital punishment is morally impermissible or in any way contrary to the Gospel. This is confirmed by both the Scriptures and the perennial Magisterium of the Church. Any pope who wishes to overturn this teaching quite simply lacks the authority to do so and must be opposed.
Originally published on October 11, 2017.
Another common argument against the death penalty follows from E.V.’s assertion that “[m]odern society in fact has the means of effectively suppressing crime by rendering criminals harmless without definitively denying them the chance to reform.” This argument typically takes the form of a statement along these lines: “If criminals are executed, what chance do they have to repent and convert? The longer we keep them alive, the more opportunities there are for God’s grace to reach them.”
St. Thomas Aquinas addressed this claim specifically. He wrote:
The fact that the evil ones, as long as they live, can be corrected from their errors does not prohibit that they may be justly executed, for the danger which threatens from their way of life is greater and more certain than the good which may be expected from their improvement.
They also have at that critical point of death the opportunity to be converted to God through repentance. And if they are so obstinate that even at the point of death their heart does not draw back from malice, it is possible to make a quite probable judgment that they would never come away from evil. (Summa Contra Gentiles, Book III, chapter 146)
They also have at that critical point of death the opportunity to be converted to God through repentance. And if they are so obstinate that even at the point of death their heart does not draw back from malice, it is possible to make a quite probable judgment that they would never come away from evil. (Summa Contra Gentiles, Book III, chapter 146)
These examples suffice to demonstrate that there are real prudential aspects to the application of the death penalty that should be evaluated by competent civil and ecclesiastical authorities. The Church certainly never demanded that the death penalty always be carried out in certain cases. The decision was relegated to legitimate civil authority. This, too, was affirmed by no less than our Divine Savior Himself, Who said to Pontius Pilate – knowing full well He was about to be sentenced to an unjust death – “Thou shouldst not have any power against me, unless it were given thee from above” (Jn. 19:11).
Christ didn’t say that what Pilate was doing was just in those circumstances. But he did affirm that the authority rested with him to do it.
It is demonstrably false that capital punishment is morally impermissible or in any way contrary to the Gospel. This is confirmed by both the Scriptures and the perennial Magisterium of the Church. Any pope who wishes to overturn this teaching quite simply lacks the authority to do so and must be opposed.
Originally published on October 11, 2017.