What Does the Church Teach Concerning Capital Punishment?
The way I seek to effect a reconciliation between the two is to distinguish between the order of justice and the order of mercy
The question of capital punishment within the Catholic Church is a thorny one, and it is difficult within the cacophony of competing voices to sort out the current state of the Church's teaching. The Church's teaching that relates to the intentional killing of an innocent human being by either public authority or a private actor is certain.The teaching of the Church on the killing of a malefactor-specifically as found in Pope John Paul II's Evangelium vitae and the editio typica of the Catechism of the Catholic Church-is not quite as absolute
PrintThe Church's teaching that relates to the intentional killing of an innocent human being by either public authority or a private actor is certain. It is an absolute and exceptionless norm that the intentional killing of an innocent human being is in each and every case an intrinsic evil, against the natural moral law, and a violation of the Fifth Commandment. It is a sin against justice and against charity. EV, 57, 62, 65, 71.
The teaching of the Church on the killing of a malefactor-specifically as found in Pope John Paul II's Evangelium vitae and the editio typica of the Catechism of the Catholic Church-is not quite as absolute, and hence the uncertainty. EV, 57.
Before he was pope, Cardinal Ratzinger himself recognized this in a letter to the U.S. Bishops dated July 3, 2004, where he recognized that "if a Catholic were to be at odds with the Holy Father on the application of capital punishment . . . he would not for that reason be considered unworthy to present himself to Holy Communion." While urged to "exercise discretion and mercy . . . it may still be permissible . . . to have recourse to capital punishment."
Without suggesting that I have the final word on the matter which is in a little state of flux and which better minds than mine have struggled, I have tried to do two things in this very short treatment.
First, I have tried to preserve the traditional teaching of the Catholic Church that the death penalty may be justly applied by public authority, i.e., that it is not a moral evil and in fact is a moral good, in a proper case, to put a malefactor to death for a serious capital offense. I believe that teaching to be irreformable. But I have also tried to give John Paul II's teaching in Evangelium vitae which has found its way into the Catechism of the Catholic Church its full and plenary meaning without quibbling. And taking both teachings, I have attempted to reconcile the two.
The way to I seek to effect a reconciliation between the two is to distinguish between the order of justice and the order of mercy. As St. Ambrose put it in his letter to the Christian judge Studius, "authority, you see, has its rights, but mercy has its policy."
In Evangelium vitae, with respect to the malefactor and the "problem of the death penalty," John Paul II is not focusing on the rights of authority in the order of justice to execute a malefactor, but on mercy's policies. He is balancing two goods: one of justice and one of mercy.
Within the order of justice, for the public authority to put a malefactor guilty of a capital offense to death is no wrong. It is justified by the good of retributive or vindicative justice, and the public authority, as custodian of the common good, has that power given to it by God. It is certainly an evil in the physical order, but it is a moral good in the order of justice.
This is the constant teaching of the Church, and it is found in the Old Testament (e.g., Gen. 9:6, Ex. 21:12; Lev. 24:17), and New Testament (e.g., Rom. 13:1-7), and from St. Clement of Alexandria, to St. Thomas Aquinas, to St. Alphonsus Liguori, the Gratian, to Popes Innocent I and Innocent III to Pius XII. Indeed, I find it to be consistent with John Paul II's teaching in Evangelium vitae, who observes that while an innocent's life has absolute value, a malefactor's life is not likewise so absolute. EV, 57.
However, the order of justice is not the only order that informs the good. There is also an order of mercy. If a malefactor may justly be put to death, there is the further question: is there room for mercy? And if so, when?
In Evangelium vitae, Pope John Paul II provides the analysis for the limits of mercy within the context of the death penalty. Adopting the analysis that is used when a private party defends against an unjust aggressor, the Pope teaches that mercy may theoretically extend as far out to the point where "absolute necessity" requires otherwise, in other words, "when it would not be possible otherwise to defend society." EV, 56. This is the outer limit for mercy.
To go beyond this limit would be to expose society to danger, and that would be uncharitable, unmerciful, indeed unjust. St. Thomas says that mercy without justice is dissolution. Misericordia sine iustitia mater est ...
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Judy, many good questions. Our society is in melt down. Why? because we have no spiritual leadership. Human life is cheap or has zero value at all. Capital Punishment not only IS justice but it is also a statement that we as a society place a high price on human life. The price is so high that anyone who murders will forfeit his life. God has already given us directions to live in a civil society. One of those directions is Capital Punishment. Do we remember the criminals who were crucified with Christ? The one who was saved "Admitted" that he was getting what he deserved but Christ was innocent. The Liberals have long beat the drum that capital punishment is revenge. A total lie.
Dr. John- "Leave vengeance to God. He will make things just". Think "The Holocaust"; WWII. Too savage? What about everyday crime and gang violence? Have you yourself been or seen persons or loved ones raped or killed? We must think about the criminal that is defect. By that , I mean any sick criminal ending w/the word (path), who is not capable of showing remorse. Then of course, there are those that commit a crime in a fit of rage and do show genuine remorse...thus, in my estimation, can be healed. And then, there are those who commit sex crimes, who may show remorse and cannot be healed. Society has a real issue. And it is not getting smaller or better. And it is not going away w/the vanishing of the family unit. In fact, as we both know, crime is on the rise w/the destruction of the family and the increased attitude on Self. And I am not saying that to be mean. I majored in Sociology. I discussed this issue in college. I went to prisons. Shelters. ETC. I have family in law and Lts. on Police Force. I have experienced the grief and compassion necessary. Prisons and gangs and unspeakable crimes have gotten out of hand since I got out of college. What does that say about our society? What does that say about how we have voted? What does that say about our words, deeds, and actions? What Have We Created? What does that say about Catholics practicing their Faith? On a side note, my Granddaughter told me: If it is discovered that these criminals (any will do) have a genetic disposition, then God Created them that way. The same goes for Gays. Comments? Keep On Thinking! Blessings...
@Fr. Ralph Caley OSB/OHI: Here is the St Thomas Aquinas reference you were requesting.
"As stated above (Article 2), it is lawful to kill an evildoer in so far as it is directed to the welfare of the whole community, so that it belongs to him alone who has charge of the community's welfare. Thus it belongs to a physician to cut off a decayed limb, when he has been entrusted with the care of the health of the whole body. Now the care of the common good is entrusted to persons of rank having public authority: wherefore they alone, and not private individuals, can lawfully put evildoers to death."
-- St. Thomas Aquinas, Summa Theologica II-II, q. 64, art.3
Fr. Ralph:
If I remember correctly, it would be in the Summa under the topic of "Commutative Justice", or the role which man plays justly in his society and vice versa.
"As he was speaking, the teachers of religious law and the Pharisees brought a woman who had been caught in the act of adultery. They put her in front of the crowd. 'Teacher,' they said to Jesus, 'this woman was caught in the act of adultery. The law of Moses says to stone her. What do you say?'They were trying to trap him into saying something they could use against him, but Jesus stooped down and wrote in the dust with his finger. They kept demanding an answer, so he stood up again and said, 'Alright, but let the one who has never sinned throw the first stone!' Then he stooped down again and wrote in the dust. When the accusers heard this, they slipped away one by one, beginning with the oldest, until only Jesus was left in the middle of the crowd with the woman. Then Jesus stood up again and said to the woman. 'Where are your accusers? Didn't even one of them condemn you?' 'No Lord,' she said. And Jesus said, 'Neither do I. Go and sin no more.'" -John 8:3-11
Why are we watering down the Gospel from Christ Himself?
Theresa H. and Vance: I agree. However, the Catholic Church has shown Mercy to those who have repented and I know of no ex-communications for abortion or its vocal support. The government has nothing to do w/this. Comment? Abortion and birth control are rampant and Euthanasia is right around the corner...especially w/Obama & Friends. Now, in the light of a living innocent life, of which these are, what are we voting and telling our government to do? What are we doing or saying to our friends? Are we living our Faith? These questions are not directed at you personally, but all of us. Can we not voice or vote that we are in favor of saving the innocent? Blessings...
I'm shocked and appalled by the disinformation spread by this article as to the teaching of the Church on capital punishment. As mentioned by another poster, John Paul II was absolutely, crystal-clear about this in Evangelium vitae:
"It is clear that, for these purposes to be achieved, the nature and extent of the punishment must be carefully evaluated and decided upon, and ought not go to the extreme of executing the offender except in cases of absolute necessity: in other words, when it would not be possible otherwise to defend society. Today however, as a result of steady improvements in the organization of the penal system, such cases are very rare, if not practically non-existent."
Did'nt the Papal States have the death sentence on it's books ,I believe these laws were just dropped a few years ago ? am I wrong?
Theresa H, you are spot on. Abortion and Euthanasia are the "Real" Capital Punishment issues that need serious attention. Once again, the execution of a cold blooded killer is "Mercy" for the good of society. Once again I ask, when was the last time a murderer was executed in your state??? I bet you either don't know or can't remember when. This is why this article is a non-issue.
While the death penalty in certain circumstances is justifiable (CCC 2267), the Church attaches the penalty of excommunication to every sin of abortion. Considering the numbers (over 50 million since Roe v.Wade), there is no comparison between the number of death penalties for convicted murderers and this staggering, ever-growing number of abortions of innocent children. Moreover, Abortion is ensconced in "positive law" as an "ok" thing to do and the offense is "protected" by the government and, in most instances, paid for by all of us (Planned Parenthood Funding, oversees Funding..., etc.). To deny the above is to put on "blinders" to endeavor to "justify" the election of a President (or a candidate for any office) whom we prefer--hopefully, for "other" reasons. But the fact is, nothing and no one can justify abortion, neither before God or man--It is contrary to the Natural Law.
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