The death penalty in the Catholic Herald

Last weekend the Catholic Herald published a letter of mine on the Death Penalty.

Greg Whelan (Letters, 14th Sept) claims to be ‘mystified’ by the widespread concern of Pope Francis’ reversal of the teaching of the Church on the subject of the Death Penalty.

He reminds us that the Church has ‘changed its mind’ about the best punishment for various offences. However this is hardly the matter at issue. The crimes he mentions, such as fornication, are still condemned by the Church as grave sins. What Pope Francis appears to be claiming is the discovery of a new grave sin, that of using the death penalty, even when it might be considered most appropriate.

The penal code found in the Old Testament was in force only for a specific group of people for a specific period of time. Other times and circumstances require other legal solutions. It is preserved for us in Scripture, however, because it teaches us about the seriousness of the crimes it condemns and the importance of the search for justice. Among other things, as St Paul reiterates (Rom13:4), it makes clear that the Death Penalty can rightly be used.

Appeal to the Cardinals over the Death Penalty

Update: there is a fuller list of signatories on the LifeSite story here.

Press Release: see the appeal letter on First Things

An unprecedented appeal to the College of Cardinals

In an unprecedented move, 45 Catholic academics and clergy have signed an Appeal to the Cardinals of the Catholic Church, urging the cardinals to tell Pope Francis that he must teach the authentic Catholic doctrine concerning capital punishment. The appeal follows an addition to the Church’s Catechism announced by Pope Francis on August 2nd. The new paragraph, which is confusingly worded, has been taken by many inside and outside the Church to say that capital punishment is intrinsically immoral, and must never be used. Such a teaching would run contrary to many passages in the Bible, and to the teaching of the Church down the centuries.

Catholics hold that while a pope has the right to clarify matters of faith and morals, he has no right to introduce new doctrines, or to contradict what the Church has always believed. They likewise hold that a pope must not seek to impose his private opinions on the faithful. The petition, which has been signed by professors of philosophy, theology, law, and history from Catholic institutions across the world, and by priests from several countries, calls on the cardinals to advise the pope that he must withdraw the offending paragraph, and that he must not ‘adulterate the word of God’. It also advises the cardinals that they have a serious obligation to warn the pope in this way, in order not to fail in their own duty toward God and the Church.

The death penalty for the prestige of the Papacy

I was asked for a quote by a journalist when the story broke; it was used by LifeSite here. I paste my full statement below.

'Catechisms are not usually regarded as magisterial documents in their own right, but as systematic summaries of magisterial documents. Their value lies in their accuracy as reflections of the Church’s perennial teaching. With this change by Pope Francis, the Catechism of the Catholic Church has become less accurate than it was before, since it is clear from both the teaching and the practice of the Church over two millennia, and the clear and consistent message of Scripture, that capital punishment is not incompatible with the dignity of the criminal, nor with his redemption.

‘The text recently published also appeals to contingent historical circumstances, such as the modern penal system. Such considerations, which apply in any case to some countries more than to others, are irrelevant to the question of whether capital punishment is always and everywhere wrong.

‘This development brings to a head the troubling question of whether the Holy Father’s theological advisers see themselves as bound by the definitive statements of past popes, including the well-known account of capital punishment given by Pope Pius XII. If they are not bound by past popes, there is no reason why future popes should be bound by this statement, and indeed the authority of Pope Francis over Catholics today is called into question.’

(See also my post about the death penalty here.)

Ultramontanism's Death Sentence

Pope Pius XII

In 1952 Pope Pius XII said the following, in a public address recorded among his official acts:

Even when it is a question of the execution of a condemned man, the State does not dispose of the individual's right to life. In this case it is reserved to the public power to deprive the condemned person of the enjoyment of life in expiation of his crime when, by his crime, he has already disposed himself of his right to live.