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October 15, 2017

Pope Francis calling for evolution of formal Catholic teachings on the death penalty as always "inadmissible"

20171011T1434-12147-CNS-POPE-CATECHISM-DEATH-PENALTY-800x500As reported here via Vatican Radio, Pope Francis spoke out against the death penalty in a notable new way while addressing participants attending a meeting celebrating the Twenty-fifth Anniversary of the Promulgation of the Catechism of the Catholic Church.  Here is a translated account of his notable comments (with my emphasis added):

I would like now to bring up a subject that ought to find in the Catechism of the Catholic Church a more adequate and coherent treatment in the light of these expressed aims.  I am speaking of the death penalty.  This issue cannot be reduced to a mere résumé of traditional teaching without taking into account not only the doctrine as it has developed in the teaching of recent Popes, but also the change in the awareness of the Christian people which rejects an attitude of complacency before a punishment deeply injurious of human dignity.  It must be clearly stated that the death penalty is an inhumane measure that, regardless of how it is carried out, abases human dignity.  It is per se contrary to the Gospel, because it entails the willful suppression of a human life that never ceases to be sacred in the eyes of its Creator and of which -- ultimately -- only God is the true judge and guarantor.  No man, “not even a murderer, loses his personal dignity” (Letter to the President of the International Commission against the Death Penalty, 20 March 2015), because God is a Father who always awaits the return of his children who, knowing that they have made mistakes, ask for forgiveness and begin a new life.  No one ought to be deprived not only of life, but also of the chance for a moral and existential redemption that in turn can benefit the community.

In past centuries, when means of defence were scarce and society had yet to develop and mature as it has, recourse to the death penalty appeared to be the logical consequence of the correct application of justice.  Sadly, even in the Papal States recourse was had to this extreme and inhumane remedy that ignored the primacy of mercy over justice.  Let us take responsibility for the past and recognize that the imposition of the death penalty was dictated by a mentality more legalistic than Christian.  Concern for preserving power and material wealth led to an over-estimation of the value of the law and prevented a deeper understanding of the Gospel.  Nowadays, however, were we to remain neutral before the new demands of upholding personal dignity, we would be even more guilty.

Here we are not in any way contradicting past teaching, for the defence of the dignity of human life from the first moment of conception to natural death has been taught by the Church consistently and authoritatively.  Yet the harmonious development of doctrine demands that we cease to defend arguments that now appear clearly contrary to the new understanding of Christian truth.  Indeed, as Saint Vincent of Lérins pointed out, “Some may say: Shall there be no progress of religion in Christ’s Church? Certainly; all possible progress. For who is there, so envious of men, so full of hatred to God, who would seek to forbid it?” (Commonitorium, 23.1; PL 50).  It is necessary, therefore, to reaffirm that no matter how serious the crime that has been committed, the death penalty is inadmissible because it is an attack on the inviolability and the dignity of the person.

“The Church, in her teaching, life and worship, perpetuates and hands on to all generations all that she herself is, all that she believes” (Dei Verbum, 8). The Council Fathers could not have found a finer and more synthetic way of expressing the nature and mission of the Church.  Not only in “teaching”, but also in “life” and “worship”, are the faithful able to be God’s People.  Through a series of verbs the Dogmatic Constitution on Divine Revelation expresses the dynamic nature of this process: “This Tradition develops […] grows […] and constantly moves forward toward the fullness of divine truth, until the words of God reach their complete fulfillment in her” (ibid.)

Tradition is a living reality and only a partial vision regards the “deposit of faith” as something static.  The word of God cannot be moth-balled like some old blanket in an attempt to keep insects at bay!  No.  The word of God is a dynamic and living reality that develops and grows because it is aimed at a fulfilment that none can halt. This law of progress, in the happy formulation of Saint Vincent of Lérins, “consolidated by years, enlarged by time, refined by age” (Commonitorium, 23.9: PL 50), is a distinguishing mark of revealed truth as it is handed down by the Church, and in no way represents a change in doctrine.

Doctrine cannot be preserved without allowing it to develop, nor can it be tied to an interpretation that is rigid and immutable without demeaning the working of the Holy Spirit. “God, who in many and various ways spoke of old to our fathers” (Heb 1:1), “uninterruptedly converses with the bride of his beloved Son” (Dei Verbum, 8). We are called to make this voice our own by “reverently hearing the word of God” (ibid., 1), so that our life as a Church may progress with the same enthusiasm as in the beginning, towards those new horizons to which the Lord wishes to guide us.

I have quoted this extended passage because I am struck by how much of the Pope's advocacy and themes echoes (1) Justice William Brennan's concurrence in Furman v. Georgia in which he stressed human dignity as a reason to find the death penalty per se unconstitutional, as well as (2) much Eighth Amendment jurisprudence which stresses that the "Eighth Amendment has not been regarded as a static concept" but rather has prohibitions that can and do acquire new meaning "as public opinion becomes enlightened by a humane justice" based on the "evolving standards of decency that mark the progress of a maturing society."

Perhaps unsurprisingly, there is not a universal view that the Pope's view on these issues is wise and in keeping with Catholic principles and teaching.  Here are two pieces from LifeSite highlighting why these latest comments on the death penalty by Pope Francis are controversial:

October 15, 2017 at 01:20 PM | Permalink

Comments

Easy for him to say. He has the Italian Death Penalty to dispatch violent and disruptive prisoners, by the hundreds a year. Given the population of Italy, we would need to kill 6000 felons to match their methodology.

Posted by: David Behar | Oct 15, 2017 1:32:25 PM

Considering that I have been opining on this topic on this forum prior to the Pope's recent comments....

Both the Pope and his critics can be correct. It is true that the traditional teachings of the Church have allowed for the DP...I point that I have made before. It is also equally true that (a) the Pope is entitled to his personal views on the matter and (b) that the teachings of the Church can change in this area...indeed, they have changed in this area in the past so they can certainly change again. IMO Dr. Feser (from the second linked article at the bottom) overstates his case in that regard. Whether the Church should change is a difficult question on which reasonable minds can and do disagree.

Posted by: Daniel | Oct 15, 2017 6:49:59 PM

Brennan was a Catholic.

Let's take the second article.

"Both the Old and New Testaments indicate that the death penalty can be legitimate."

Helps when you are dealing with a tribal society or trying to work within the Roman Empire. Even then, if you actually followed all the rules, it was damn hard to do it. In one account, e.g., Jesus interferes with was understood as a legal stoning for adultery.

This appeal to "traditional" teachings rubs of selective originalism. Catholic doctrine today wasn't applied how it was in 1787, to take a random date. It also is a reflection in each case of the times as applicable. Mary's immaculate conception very well might not be open in change but the death penalty over time as applied to actual conditions might.

Likewise, after 2000 yars, there is so much material, you can apply stuff in various ways. For instance, there was a real shot -- with support of some Catholic theologians -- of acceptance of artificial contraceptives in the 1960s. Perhaps, sanity will be applied there at some point.

Posted by: Joe | Oct 16, 2017 12:35:41 AM

mentally impaired children

Posted by: Claudio Giusti | Oct 18, 2017 10:23:49 AM

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