Thursday, May 26, 2005

The Catholic Case For Capital Punishment

Within Christendom there is nothing like complete uniformity on the subject of capital punishment. Chuck Colsen, for instance, who has dedicated his post conversion life to serving prisoners is uniquely qualified to express an opinion, and he is against it. That said, J. Budziszekski provides a classically Catholic view on this important topic.


Justice is giving each what is due to him. So fundamental is the duty of public authority to requite good and evil in deeds that natural law philosophers consider it the paramount function of the state, and the New Testament declares that the role is delegated to magistrates by God Himself. “Be subject for the Lord’s sake to every human institution,” says St. Peter, “whether it be to the emperor as supreme, or to governors as sent by him to punish those who do wrong and to praise those who do right” (1 Peter 2: 13-14). St. Paul agrees:

For rulers are not a terror to good conduct, but to bad. Would you have no fear of him who is in authority? Then do what is good, and you will receive his approval, for he is God’s servant for your good. But if you do wrong, be afraid, for he does not bear the sword in vain; he is the servant of God to execute His wrath on the wrongdoer. Therefore one must be subject, not only to avoid God’s wrath but also for the sake of conscience (Romans 13:3-5).

So weighty is the duty of justice that it raises the question whether mercy is permissible at all. By definition, mercy is punishing the criminal less than he deserves, and it does not seem clear at first why not going far enough is any better than going too far. We say that both cowardice and rashness miss the mark of courage, and that both stinginess and prodigality miss the mark of generosity; why do we not say that both mercy and harshness miss the mark of justice? Making matters yet more difficult, the argument to abolish capital punishment is an argument to categorically extend clemency to all those whose crimes are of the sort that would be requitable by death. Link to rest Here

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