
Washington D.C., Jul 20, 2018 / 12:00 pm (CNA).- The Church has consistently taught that the state has the authority to use the death penalty. But, in recent years, popes and bishops have become more vocal in calling for an end to its use. Many Catholics instinctively favor life over death, even after the worst crimes, and some are left wondering if the Church’s mind is changing.
Two recent cases highlighted an apparent tension between traditional teaching and modern circumstances.
On July 13, the bishops of Tennessee wrote to Governor Bill Haslam asking him to halt a slate of planned executions. In their letter, Bishops Mark Spalding of Nashville, Richard Stika of Knoxville, and Martin Holley of Memphis emphasized the value and dignity of every human life, even those who have committed the worst possible crimes.
One day earlier, on July 12, Cardinal Malcolm Ranjith, Archbishop of Colombo, expressed his “support” for the Sri Lankan government’s decision to introduce the death penalty for drug traffickers and organized crimes bosses.
“We will support [Sri Lankan] President Maithripala Sirisena’s decision to subject those who organize crime while being in the prison to [the] death sentence,” he told local media. The cardinal went on to add that more needed to be done to prevent drug traffickers and crime bosses from operating with impunity while in jail.
The state’s authority to execute criminals is explicitly sanctioned in the Bible, including by St. Paul. Historically, the Church has recognized the use of the death penalty in a practical way: executions were carried out in the Papal States well into the nineteenth century, with the last official executioner retiring in 1865.
For much the twentieth century, attempted assassination of the pope was a capital crime in Vatican City; Pope Paul VI only removed the death penalty from the law in 1969.
Today, the Church still officially teaches that the death penalty is a legitimate option for states to employ.
The Catechism of the Catholic Church teaches this: “Assuming that the guilty party’s identity and responsibility have been fully determined, the traditional teaching of the Church does not exclude recourse to the death penalty, if this is the only possible way of effectively defending human lives against the unjust aggressor.”
This formulation contains a heavy qualification. When exactly is the death penalty the only effective means of defending human life? That’s a thorny question.
St. John Paul II was outspoken in his opposition to the use of capital punishment. In an address in the United States, in 1999, he called for Christians to be “unconditionally pro-life” and said that “the dignity of human life must never be taken away, even in the case of someone who has done great evil.” He also spoke of his desire for a consensus to end the death penalty, which he called “cruel and unnecessary.”
That address, given in St. Louis, was credited with helping persuade to Missouri Governor Mel Carnahan to commute the death sentence of inmate Darrell Mease to life in prison.
More recently, Pope Francis has denounced capital punishment in even stronger terms. Speaking in October 2017, he called it “contrary to the Gospel” because “it is freely decided to suppress a human life that is always sacred in the eyes of the Creator, and of which, in the final analysis, God alone is the true judge and guarantor.” He has, however, stopped short of revising the official teaching contained in the Catechism.
There is a broad sentiment among American Catholics against the death penalty. It is a point of unusually strong consensus, even among those who normally disagree. In 2015, four Catholic publications with often-divergent viewpoints issued a joint editorial calling for an end to capital punishment.
But Catholic thinkers do not unanimously agree that a total renunciation of the death penalty is appropriate, or even possible.
Cardinal Joseph Bernadin, in his famous “Consistent Ethic of Life” speech delivered at Fordham University in 1983, explicitly recognized the legitimate authority of the state to resort to capital punishment. Cardinal Avery Dulles, writing in 2001, observed that “the Catholic magisterium does not, and never has, advocated unqualified abolition of the death penalty.”
While there is real scope for debate about when and how sparingly capital punishment should be used, Dulles concluded that “the death penalty is not in itself a violation of the right to life.”
His conclusion was informed by the constant teaching of the Church that judicial executions are licit, even if regrettable and to be avoided whenever possible.
In the City of God, St. Augustine wrote that the state administers justice under divine concession. “Since the agent of authority is but a sword in the hand, and is not responsible for the killing, it is in no way contrary to the commandment, “Thou shalt not kill”… for the representatives of the State’s authority to put criminals to death, according to law or the rule of rational justice.”
While the trend of recent papal statements has been towards a relegation of the death penalty to, at most, a theoretical possibility, scholars have urged caution about going too far.
Dr. Chad Pecknold, associate professor of systematic theology at the Catholic University of America, told CNA that it was important distinguish between changing circumstances and a change in what the Church has always taught.
“The Church has always held that the death penalty is a just option available to the state, even if we do not welcome its use. St. Augustine says that the death penalty is just, but the Church should plead for mercy.”
Pecknold stressed that relationship between mercy and justice is a live concern. In seeking mercy, he said, we must implicitly recognize the validity of justice.
“Mercy isn’t calling something that is just ‘unjust.’ Mercy relieves the punishment properly due to the guilty. As the Catechism recognizes, there can be circumstances in which the death penalty is a legitimate service to justice. This is qualified by a preferential option for other means, whenever they can serve the same ends.”
These alternative means have not been always and everywhere available. “The common and constant teaching of the Church can be applied to different circumstances. Alternatives available to us in modern western countries simply have not been present at other times, or may not be now in other places.”
There is a crucial difference between applying a consistent teaching to changed circumstances and appearing to suggest humanity has evolved beyond a previously valid doctrine, Pecknold said.
“The death penalty is not, and has never been a positive end in itself. It is a means towards serving justice. If we find we can now serve the same ends and express a preferential option for life, this is doubly good.”
“But we should not fall into a false understanding that what was once ‘good’ is now ‘bad.’ The Church doesn’t evolve out of a true teaching, nor does humanity progress beyond natural law.”
“We should prize our increasing opportunities to serve mercy and justice together, but be wary of giving ourselves too much credit, we have not progressed to a new, higher level of justice.”
Cardinal Dulles agreed. He considered the argument that Church sanctioning of capital punishment was an “outmoded” concession to past ages of “violence” and “barbarity,” one which could yield to “the signs of the times” and “a new recognition of the dignity and inalienable rights of the human person.” He dismissed this as “a tempting simplicity” which found “no echo” among Catholic theologians of the past.
The consensus against capital punishment in modern western nations, it must be observed, has grown in line with increased prosperity, political stability, and states’ ability to deploy credibly effective alternatives to execution.
In the recent Sri Lankan case, the government acted in response to the ineffectiveness of prison sentences, with drug traffickers and crime bosses seeming to continue operating with impunity, even behind bars. Following local complaints at his expression of support, Cardinal Ranjith issued a clarification, making clear his support for the government announcement was not a “carte blanche” advocacy for the death penalty, but noting that he could not “close my eyes and do nothing before this terrible phenomenon our country is faced with.”
“[The drug trade] causes death and violence in the streets and the destruction of the cream of our youth, who become drug addicts at an age as early as their adolescence, being exposed to drugs even in their schools. This is being done by drug cartels operated at times from the prisons,” he said.
For Ranjith, such a context seems to find a place within the Catechism’s criteria that capital punishment be reserved for the final defense of innocent life when other options fail.
In the West, conditions seem to be narrowing the scope for the death penalty’s use, and bishops are responding, which has led to a sense, especially after Pope Francis’ comments last year, that the Church might declare the death penalty absolutely unjust. Yet, as was recently seen in Sri Lanka and Tennessee, things are not yet the same everywhere.
That serves as a good reminder about the importance of understanding the Church’s global perspective, and the importance of distinguishing between teachings which supply criteria through which Catholics must make moral judgments, and teachings which declare that certain actions are, in fact, immoral everywhere and always.
The Church’s teaching on the death penalty expresses, essentially, a criteria by which state authorities should make judgments about the just use of the death penalty. While in the developed West, use of the death penalty may, in fact, be almost completely unnecessary, not all parts of the world are as developed.
The divergence of views from bishops around the world on this issue reflects the role that the circumstances of time and place can play in moral reasoning. That is instructive, and a reminder about the complex richness, and importance, of Catholic moral teaching.
[…]
I wish two things:
1. That the Vatican cease defining itself as a State. We are a Church. We exist in the world but are not of this world. States are creations of this world.
2. Stop interfering in the temporal affairs of the United States. As a Catholic, I find the Vatican’s statements unwelcome.
The Vatican has been both the Church and a city-state ever since the 1929 Lateran Treaty recognized the papacy as more than a “prisoner of the Vatican” (a consequence of the revolutionary loss of the Eternal City and the historically curious papal states to the new and larger nation-state of Italy, in 1870). https://en.wikipedia.org/wiki/Vatican_City
The status as a state among states renders possible an ear and a voice among the current political idiom of nation-states, although membership in the United Nations remains that of a non-member Permanent Observer State, since 1964.
This distinctive membership restriction is surely a good thing, since it protects the Vatican and the universal Catholic Church from being identified as just another member among the 193 member states–as you correctly argue should never be the case.
Cardinal Parolin, the architect of Communist-Party-Secret-Accords is a man who should not be posturing about governing with “wisdom,” etc.
And citizens faithful to Christ have no interest in getting “dialogued” by the apostate-and-homosexual-art-curator Spadaro.
The word obtuse seems apt.
CHRIS: You say it better than I. Thanks
@ Peter Beaulieu. Always thought it curious too that the Church became the equivalent of a nation. Although the title was modified to papal states. Certainly an oddity on the surface.
You’re probably aware that Pippin King of the Franks ceded the territories it had wrenched from the expanding Germanic Lombards. At the time during the 8th century it also benefited the papacy to rely on Frankish protection rather than the Eastern Byzantine empire due to imposition of taxes, and growing disagreement on doctrine examples, iconoclasm, filioque clause.
It can be argued either way whether Italian unification during the late 19th century resulting in the loss of the papal states benefited Catholicism. The transition from a temporal power [we even had a warlord Pope Julius II expanding territory] to a visibly more spiritual authority. From the day of revolutions of Pius IX to the despotic political movements of Pius XII the greatly territorially reduced Vatican State seemed a greater presence for the advocation of justice.
Deacon, I’m not sure if my understanding is correct. If you have time, please clarify for me. Thanks. My understanding is that Vatican City is a “state” like any other nation–a very tiny State, but still a state with a seat and vote at the United Nations and the right to offer opinions, defend itself, send troops to war, provide aid for nations experiencing a disaster or conflict, etc.
But Holy Mother Church is a Church, THE Holy Catholic Church that Jesus Christ Himself founded.
One question that I have–is the Pope the “president” or “mayor” of Vatican City, or are other leaders, perhaps even non-clergy or non-religious, elected or appointed? Or is Vatican City a monarchy with no other leadership than a king (the Pope?).
The latter Mrs. Whitlock. The Pope is the Head of State. He probably has infinitely more power when it comes to the Vatican City/State than the King of Great Britain and Northern Ireland who is a Head of State. He can name and depose at will. He answers to no human person.
Yes “ in the World but not of the World” I’ve been saying this for a long time, but that said the reality is that the Vatican IS a state and as such must operate as one. Unfortunately the Pope has to wear two hats as both head of State and head of Church. Not an easy task and not of his making. Thus he has an obligation to act as a voice and mediator in temporal affairs. Not to take sides or make alliances like other nations do is very difficult. To study the position of the Papacy during the Second World War illustrates how difficult this can be.
Perhaps one day we will have to abandon the Vatican and become a pilgrim people, but until then we must operate within this very messy and imperfect arrangement and allow the Pope to make mistakes just like any other temporal ruler.
And, yet, there’s a difference between the Vatican and the Holy See.
These two terms are not interchangeable. Here are the new details about how all this fits together: https://www.loc.gov/item/global-legal-monitor/2023-06-05/vatican-city-state-pope-francis-issues-new-constitution/
I wouldn’t advocate abandoning the Vatican. The Vatican is no larger than any major university campus in the USA. I just think we need to stop thinking of the Pope as Head of State. He is a moral/spiritual leader of Catholics and the Catholic Church. He should be seen as if he were a CEO. There are probably bishops in the USA who have control over large swarths of real estate but have no temporal authority. The Pope is simply Bishop of Rome – primus inter pares.
Most Catholics do not know tht DT saved the NY Catholic schools. During the Wuhan virus crisis, the NY Catholic schools were dire need of funds. They needed billions to survive. The Cardinal called DT for help to save the Catholic schools: “We need billions or we will have to close.” President DT picked up the phone and in 15 minutes he raised billions. Thus he saved the Catholic schools. Amazing. See his speech at the annual Al Smith Catholic dinner for October 2024 in the presence of the Cardinal. His speech starts at min. 29:00; during the speech he looks at the Cardinal and recollects this episode at min 56ff.
https://www.youtube.com/watch?v=cAwbHmrplak
Okay let’s ignore his lack of morals; his admiration of dictators; his desire to become one; his racist attitude; his threats of violence toward those who disagree with him;
May God have mercy on him and all of us who will lose precious rights under his presidency. I pray for his soul and all who voted for him
Dont bother praying for me, darling. I will pray for you. How sad that you have swallowed whole all of the untrue and slanderous propaganda about Trump which was spread around by the DEMs and their media minions. This is my third time voting Trump , and I am thrilled that he won. I have a Masters Degree,live in an urban area of a blue state, and am not remotely uninformed. Had more people not believed the untruths about him the last election, the country and the world would have likely been saved a lot of pain these last 4 years.
In this election, Trump gathered not only an electoral win but ALSO the popular vote by close to 5 million votes people who are sick of being disparaged and demeaned. A joke about being a dictator is just that–a joke. If you imagine its ok to disparage half the population of the country you need to check your thought processes. I have NEVER heard Trump make a racist remark ( another lie). And if by your fear of “losing precious rights” you are talking about the preservation of abortion, you are on the wrong forum. Trump has never suggested taking away ANY rights from any citizen( unlike the Dems, who have used censorship and lawfare with abandon and continue to do so with abandon against Trump and his lawyers). Maybe Dem governors could speak to their people about the recent election results, and liberal loss, with a tad less hysteria. It might help them.
silly and untrue description of the president. He never threatened violence against those who disagreed with him.. where did you get that? Peace? .. only under him has there been peace, not under biden or obama. How is he racist? He funded black universities, which obama refused to do. Admiration of dictators? I don’t even know how to deal with that one… check your facts.
Well, 72 million people disagree with you. What’s the probability that they’re all wrong and you are right? That would be zero according to my math.
Wisdom? We shall see. All this talk of revenge and retribution is hardly wise. Trump has an opportunity to be statesmanlike. Let’s hope that he takes the high road for a change.
I have never heard Trump talk about revenge. Although, WINNING is the best revenge I suppose. The only people talking about revenge and fighting are the democrats right now. Like the govs of California, NY and Illinois. What news media are you watching?? Take a look at something with more balance.
What virtue postering from the morally bankrupt socialist left!
I’d be happy if the Vatican tended to its own wisdom instead of lecturing others.
Given their Marxist march towards a full embrace of moral relativism, wisdom is something they they can’t even stumble over.
silly and untrue description of the president. He never threatened violence against those who disagreed with him.. where did you get that? Peace? .. only under him has there been peace, not under biden or obama. How is he racist? He funded black universities, which obama refused to do. Admiration of dictators? I don’t even know how to deal with that one… check your facts.
Did Pope Francis not call to congratulate Pres Trump? Why not?..he called Biden, and on other occasions too.
I don’t want to be negative. Lord forgive me.
Who cares if the Vatican is a state or a reclgious conclave of murmuring old MEN? We need to focus and renew our hopes for a saner world. I hope Trump will forge that new path , but his vial rhetoric and actions cause me pause. I may need help from God.
Cardinal Prolin: ““We wish him great wisdom, because this is the main VIRTUE of RULERS according to the Bible,” Note the word VIRTUE. Colossians 3:12 – “Therefore, as God’s chosen people, holy and dearly loved, clothe yourselves with compassion, kindness, humility, gentleness and patience.” UNfortunatly, I saw none of this during Trump’s campaign or in his daily life. “VIRTUE”?
I still remain hopefull that November 5, 2024 will not be “a day that will live in infamy”. FDR
Colossians 3:12 – “Therefore, as God’s chosen people, holy and dearly loved, clothe yourselves with compassion, kindness, humility, gentleness and patience.” Unfortunately, I saw none of this during Trump’s campaign or in
his daily life.”
To be fair, regular readers here have not witnessed any of those qualities in your hateful TDS posts either. Maybe people in glass houses shouldn’t throw stones.
So the countless acts of personal charity by Trump, to total strangers as well as friends, do not count as any sort of virtue in your applied understanding of scriptual admonishments? And is virtue better served by your propensities for insulting characterizations that seem to infect most of your commentary?
Enough with the hand-wringing; it’s unbecoming for a man.