Pints With Aquinas - Has the Catholic Church Changed Its Teaching on the Death Penalty?

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Starting point is 00:02:52 That's policy genius.com. Should Catholics oppose the death penalty? Beyond whether they should, are they required to oppose it? And also, why are we talking about this anyway? Well, a few weeks ago, the state of Tennessee went forward with the execution of 50-year-old Krista Pike, who tortured and killed a classmate when she was just 18. As you're probably already aware that execution was botched, and Krista now remains in legal limbo as she recovers in the hospital. Right around the same time, the US army announced that they

Starting point is 00:03:26 would soon be executing the man responsible for the 2009 Fort Hood murders and that they would be doing so by firing squad. Then, perhaps most importantly for our conversation today, Pope Leo issued this statement saying in part that the death penalty is inadmissible. So that's why it's in the news. We're not going to get into the details of those specific cases, but they've led us to some bigger questions that I want to discuss today. Mainly, what does the Catholic Church teach about the death penalty? Has the teaching changed? And finally, some of my own thoughts on how we should approach the subject.

Starting point is 00:04:05 If I'm to be honest, I've often been confused on this subject myself. In fact, the more I've read on it and listened to different points of view, the more I've come to appreciate why thoughtful Orthodox Catholics find themselves in disagreement. Hopefully, though, I can give a little more information and history to help inform your thoughts. So, first question, has the Catholic Church changed its teaching on the death penalty? So I suspect that for many Catholics, the matter seems pretty straightforward. For centuries, the church taught that capital punishment was absolutely morally permissible in certain circumstances. Then, under Pope Francis, the catechism was revised to declare the death penalty inadmissible.

Starting point is 00:04:46 Now, naturally, this has led some Catholics to wonder whether the church has changed her teaching. And if so, how such a change can be reconciled with what previous popes, theologians, and saints taught. So what did the church traditionally teach? Historically, the Catholic Church didn't consider the death penalty intrinsically evil. That last expression is really important, actually. An intrinsically evil act is one that is wrong by its very nature. and can never be justified by circumstances or intentions. The deliberate killing of an innocent person, for example, would be intrinsically evil. Now, capital punishment, however, was understood differently. The church recognized that legitimate public authority could, under certain conditions, put a guilty criminal to death as an exercise of justice. St. Thomas Aquinas defended this position in the Summa Theologia. Earlier Christian thinkers and authorities also accepted the legitimacy of capital punishment, although, to be fair, some strongly urged mercy and restraint in its application. And of course, scripture itself contains passages that have traditionally been understood as

Starting point is 00:05:58 supporting the state's authority to impose capital punishment. Perhaps the most frequently cited is from Romans 13.4, where St. Paul describes the governing authority as God's servant who does not bear the sword in vain. But of course, acknowledging, that an act can be permissible is not the same as saying that it's always wise, necessary, or desirable. The distinction is going to be important because the church's historical acceptance of capital punishment didn't amount to an unqualified endorsement of its use. Christian history also contains a powerful tradition of mercy towards offenders, appeals for clemency and concern for the spiritual welfare of those condemned to die.

Starting point is 00:06:48 That's what the church traditionally taught. So what changed? Well, as I already said in 2018, Pope Francis approved a revision to paragraph 2267 of the catechism of the Catholic Church. The revised text explicitly acknowledges that the death penalty was long considered an acceptable means of protecting the common good. But it then point, to a growing appreciation of the dignity of the human person, a developing understanding of punishment and improvements in prison systems that allow society to protect itself without having to take the lives of criminals. It concludes by saying, the death penalty is inadmissible because it is an attack on the inviolability and dignity of the person.

Starting point is 00:07:36 The catechism further states that the church works for the abolition of capital punishment worldwide. In 2024, the Vatican's doctrinal declaration, Dignitas Infinita, went further in its language, stating in paragraph 34, the death penalty violates the inalienable dignity of every person regardless of the circumstances. So these are obviously strong statements and they deserve to be taken seriously. And they're also the same sentiments that Pope Leo references in his recent remarks that I referenced earlier. But here's where the theological difficulty arises. If, capital punishment violates the inalienable dignity of every human person, regardless of circumstances, how are we to understand the church's earlier teaching that it could sometimes be morally permissible?

Starting point is 00:08:24 Does the newer teaching represent a legitimate development of doctrine? Does it concern the practical application of an unchanging moral principle? Or does the wording suggest something that's genuinely difficult, if not impossible, to reconcile with Catholic tradition. These are the questions that have sparked debate among Catholics for years now. Now, Catholic philosopher, Ed Faser, who we've had on the show and who's an excellent philosopher, has been among the most prominent critics of the revised teaching. Faser's concern is not simply that the church has adopted a more restrictive attitude toward capital punishment. As we'll see, there's nothing particularly revolutionary about Catholics'

Starting point is 00:09:09 that executions should be rare or even avoided altogether. His concern is more fundamental. If the church previously taught that capital punishment can be morally legitimate, but now teaches that it violates human dignity regardless of circumstances, doesn't that seem to imply that the church was wrong before? And if the church is now effectively teaching that capital punishment is intrinsically evil, what are we to make of the scriptural passages, papal statements and theological tradition that treated it as permissible? Faser maintains that the language of Dignitas infinita is especially difficult to reconcile with the earlier teaching. Now, one might respond that Catholic doctrine develops over time, and obviously it does. The church grows in her understanding of the

Starting point is 00:10:01 positive faith. But Faze's concern is that development must be distinguished from contradiction. A doctrine can be clarified, deepened, and more fully articulated without its essential content being reversed. For example, the church might legitimately conclude that modern circumstances make the application of capital punishment unnecessary. Well, that would be one thing. But to say that capital punishment is always a violation of, of inalienable human dignity appears to be making a stronger claim about the moral nature of the act itself. Phaser, therefore, questions whether the newer formulations are sufficiently precise and whether some non-definitive magisterial statements might contain errors or ambiguities

Starting point is 00:10:48 that require clarification. Now, to be clear, Phaser's position doesn't require someone to support the contemporary use of the death penalty. A Catholic could oppose every execution taking place today, while still believing that the state possesses the moral authority, at least in principle, to impose capital punishment. And that distinction is frequently lost in the discussion. Now, another approach has been articulated by a Catholic apologist, actually another guest I've had on the show, excellent fella, Swan Sona. Sona agrees that the church has historically taught that capital punishment is not intrinsically evil. In fact, he doesn't even think Pope Francis is definitively taught the contrary. Where he disagrees with Faser is over whether the church's traditional teaching

Starting point is 00:11:37 can be reconciled with the newer language about human dignity. Sona believes that two propositions can be held simultaneously. First, capital punishment is not intrinsically evil, but capital punishment nevertheless violates human dignity and is therefore inadmissible. So how can both be true? One of Sona's arguments involves an analogy with just war theory. The church has always acknowledged that war can sometimes be morally justified, yet the church also speaks in extraordinary strong terms about the devastation war inflicts upon human beings, families and societies. Indignitas infinita, for example, war is described as a defeat of humanity, even while the document acknowledges the right for legitimate self-defense.

Starting point is 00:12:31 Sona suggests that something similar may be happening with capital punishment. An act need not be intrinsically evil for the church to condemn it in light of the violence it entails, the dignity of the human person and the circumstances in which it's carried out. So in this reading, the church is not declaring that every execution throughout history was intrinsically immoral. Rather, she's recognizing that the taking of a criminal's life is no longer necessary, for the protection of society and therefore can't be justified in the present circumstances. Sona also appeals to St. John Paul II's description of the death penalty as cruel and unnecessary. Importantly, Sona doesn't claim to have definitively resolved every difficulty.

Starting point is 00:13:20 He acknowledges that Pope Francis could have employed more precise theological language. Still, Sona believes the church's current teaching can be understood in continuity. with what came before. So I find the disagreement between Faser and Sona particularly interesting because, despite their differing conclusions, they agree on many of the same basic premises. Neither believes Catholics must celebrate capital punishment. Both recognize the church's historical acceptance of execution doesn't mean Christians should desire their frequent use.

Starting point is 00:13:57 Both acknowledge the seriousness of the church's contemporary teaching. Their disagreement concerns how that teaching is to be understood. Faser worries that the language of an unconditional violation of human dignity implies a judgment of intrinsic moral evil, thereby creating a serious problem for doctrinal continuity, whereas Sona believes it's possible to distinguish those two judgments so that the church can reject capital punishment as an affront to dignity without declaring that the act was intrinsically evil all along. And this, it seems to me, is where the most important question lies. Can an act violate the inalienable dignity of a human person without being intrinsically evil?

Starting point is 00:14:43 And I think that question deserves a careful answer. Sona's analogy with just war is worth considering, but it also invites further questions. When the church describes war as a tragedy or a defeat of humanity, does it mean that every morally justified act of wartime defense violates human dignity? Or is it describing the terrible suffering and destruction that accompanies even a just war? And if we're to distinguish between something that's intrinsically evil and something that violates human dignity, what exactly is the nature of that distinction. On the other hand, those who believe that the newer teaching is irreconcilable with tradition must also contend with the church's own presentation of the

Starting point is 00:15:30 revision as an authentic development of doctrine. The congregation for the doctrine of the faith explicitly made that claim in its 2018 letter explaining the catechism revision. So these are obviously serious theological questions, and I don't think they're helped by pretending the answers are obvious, but here are a few closing thoughts of my own for what they're worth. First, I just want to reiterate that I'm not making this video to tell you what to think or which side to take. What I will say, though, is that I certainly don't think that Catholics should approach capital punishment with enthusiasm, as though the execution of another human being was something to celebrate. Whatever crimes someone has committed, he remains a person made in the image of

Starting point is 00:16:18 and likeness of God capable of repentance and redemption. At the same time, we shouldn't dismiss the legitimate questions raised by Catholics who are attempting to understand how recent magisterial statements relate to the church's previous teaching. There is a temptation, I think, in controversies like this, to assume that asking difficult questions is evidence of disobedience. Or that trying to reconcile, right, apparently conflicting statements is simply an exercise in mental gymnastics, but I think neither assumption is particularly charitable. The church has a long history of serious theological debate, and I don't think there's anything wrong with acknowledging that some questions require further clarification. For my part, I want to be faithful to the church,

Starting point is 00:17:07 attentive to her living magisterium, and equally unwilling to dismiss the witness of scripture and tradition. Now, I don't believe those commitments should be placed in opposition to each other. So, I don't know. I mean, perhaps the most useful thing we can do at this stage, if we're interested in this topic, is to read the relevant text carefully, listen to the strongest arguments from both sides, and resist the temptation to turn a serious theological disagreement into another public tribal dispute. After all, the question isn't whether we like capital punishment, whether we like Pope Francis or whether we like Ed Faser or Swan Sona. The question is how Catholics can understand the church's teaching on the dignity of the human person in a way that is

Starting point is 00:17:55 faithful to the whole of her tradition. And that's a question worth taking seriously. So I hope this video has helped in some way in your understanding of the issue. I know for me writing it has helped develop my own understanding. If I've missed anything, or if you have other thoughts you want to share, particularly if you think I'm incorrect about something, and don't worry, I'm familiar with being incorrect, so it won't come as a shock. But, you know, please leave your comments, thoughts, objections, criticisms below. This episode is brought to you by Alloy Health. A widening part, a ponytail that suddenly feels smaller, more hair in your brush, and somehow an entire wig in the shower drain. Hair changes can feel deeply personal.

Starting point is 00:18:44 Almost 40% of women experience hair loss during menopause, and hormones may be driving it. Alloy offers prescription solutions for the scalp, lashes, and brows, all through menopause-specialized doctors. Its oral treatments can address female hair loss, while its lash and brow serum is clinically proven to produce fuller, longer lashes, and thicker, darker brows, in as little as eight weeks. Everything starts online, and your prescription is delivered directly to your door. With Alloy, your best hair isn't behind you. Visit MyAloid.com and use the code DailyWire to get 20% off your first order. Your menopause specialized doctor will tailor your care to your needs. Plus, you get $0 unlimited messaging with your doctor.

Starting point is 00:19:29 Head to m-Y-A-L-L-O-Y.com and use code DailyWire to get 20% off your first order. This code is valid on products only. Everybody has that list. The things you know you should get around to eventually. organizing the garage, updating important documents, taking care of long-term financial planning. Life insurance tends to live on that list for a lot of people, not because it isn't important, because people assume it's going to be complicated. That's why PolicyGenius exists. PolicyGenius is an online insurance marketplace that helps you compare life insurance quotes

Starting point is 00:20:05 from top insurers in one place for free. Their license team helps explain your options clearly, Compare coverage amounts and prices, answer questions, and help you find a policy that fits your needs. No guesswork, no confusion, just clarity. And while they're helping with the shopping, you can get back to enjoying summer with the people who matter most. PolicyGenius has helped thousands of families find the right coverage and has earned thousands of five-star reviews in the process, because some items on the to-do list are worth checking off. With PolicyGenius, you can see if you can find 20, year life insurance policies starting at just $276 a year for $1 million in coverage.

Starting point is 00:20:49 Head to policygenious.com to compare life insurance quotes from top companies and see how much you could save. That's policygenius.com.

Pints With Aquinas - Has the Catholic Church Changed Its Teaching on the Death Penalty?

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