The Consistent Ethic of Life

In a recent article from the National Catholic Reporter, we encounter again the damage done to the spiritual underpinning of the aspect of Catholic social teaching connected with the responsibility to protect the innocent by those opposing capital punishment, who conflate their opposition to capital punishment with the traditional Catholic opposition to abortion—representing the animating core of their allegiance to the misguided consistent ethic of life approach—and further conflating their opposition with that of the ancient teaching of the Catholic Church in support of capital punishment; unfortunately aided by the confused, rather than consistent, perspective even supported by many bishops.

The clearest single essay around the issue I’ve yet found is that from Romano Amerio in his book Iota Unum; an essay I presented in a five-part weblog series on capital punishment in August and September.

An excerpt.

“188. Opposition to the death penalty.

“Opposition to the death penalty stems from two diverse and incompatible sets of reasons, and can only be evaluated in the light of the moral assumptions on which it is based. Horror at a crime can coexist with sympathy for human weakness, and with a sense of the human freedom that renders a man capable of rising from any fall as long as his life lasts; hence opposition to the death penalty. But opposition can also stem from the notion that every person is inviolable inasmuch as he is a self-conscious subject living out his life in the world; as if temporal life were an end in itself that could not be suppressed without frustrating the purpose of human existence. Although often thought of as religiously inspired, this second type of reason for rejecting capital punishment is in fact irreligious. It overlooks the fact that from a Christian point of view earthly life is not an end in itself, but a means to life’s moral goal, a goal that transcends the whole order of subordinate worldly goods. Therefore to take away a man’s life is by no means to take away the transcendent end for which he was born and which guarantees his true dignity. A man can propter vitam Vivendi perdere causas (for the sake of life, loose the causes of life) that is, he can make himself unworthy of life by taking temporal life as being itself the supreme good instead of a means to that good. There is therefore a mistake implicit in the second sort of objection to capital punishment, inasmuch as it assumes that in putting someone to death, other men or the state are cutting a criminal off from his destined goal, or depriving him of his last human end or taking away the possibility of his fulfilling his role as a human being. Just the opposite in fact. The condemned man is deprived of his earthly existence, but not of his goal. Naturally, a society that denies there is any future life and supposes there is a fundamental right to happiness in this world, must reject the death penalty as an injustice depriving man of his capacity to be happy.

Paradoxically, those who oppose capital punishment on these grounds are assuming the state has a sort of totalitarian capacity which it does not in fact possess, a power to frustrate the whole of one’s existence. Since a death imposed by one man on another can remove neither the latter’s moral goal nor his human worth, it is still more incapable of preventing the operation of God’s justice, which sits in judgment on all our adjudications. The meaning of the motto engraved on the town executioner’s sword in Fribourg in Switzerland: Seigneur Dieu, tu es le juge (Lord God, Thou art the Judge), was not that human and divine justice were identical; it signified a recognition of that highest justice which sits in judgment on us all.

“Another argument advanced is that capital punishment is useless as a deterrent; as witnessed by Caesar’s famous remark during the trial of the Cataline conspirators, to the effect that a death which put an end to the shame and misery of the criminals would be a lesser punishment than their remaining alive to bear them. This argument flies in the face of the juridical practice of pardoning people under sentence of death, as a favor, and is also refuted by the fact that even infamous criminals sometimes make pacts between themselves with death as the penalty for breaking the agreement. They thereby give a very apposite witness to the fact that capital punishment is an effective deterrent.

“189. Doctrinal change in the Church.

“An important change has occurred in the Church regarding the theology of punishment. We could cite the French bishops’ document that asserted in 1979 that the death penalty ought to be abolished in France as it was incompatible with the Gospel, the Canadian and American bishop’s statements on the matter, and the articles in the Ossevatore Romano calling for the abolition of the death penalty, as injurious to human dignity and contrary to the Gospel.

“As to the biblical argument; even without accepting Baudelaire’s celebration of capital punishment as a supremely sacred and religious proceeding, once cannot cancel out the Old Testament’s decrees regarding the death penalty, by a mere stroke of the pen. Nor can canon law, still less the teaching of the New Testament, be canceled out at a stroke. I am well aware that the famous passage in Romans (Rm 13:4) giving princes the ius gladii (the right use of the sword), and calling them the ministers of God to punish the wicked, has been emptied of meaning by the canons of the new hermeneutic, on the grounds that it is the product of a past set of historical circumstances. Pius XII however explicitly rejected that view, in a speech to Catholic jurists on 5 February 1955, and said that the passage of St. Paul was of permanent and universal value, because it refers to the essential foundation of penal authority and to its inherent purpose. In the Gospel, Christ indirectly sanctions capital punishment when he says it would be better for a man to be condemned to death by drowning than to commit the sin of scandal (Mt 18:6). From the Book of Acts (Acts 5:1-11) it seems the primitive Christian community had no objection to the death penalty, as Ananias and Sapphira are struck down when they appear before St. Peter guilty of fraud and lying at the expense of the brethren. Biblical commentaries tell us that the early Christians’ enemies though this sentence was harsh at the time.

“The change in teaching is obvious on two points. In the new theology of punishment, justice is not considered, and the whole matter is made to turn on the usefulness of the penalty and its aptitude for bringing the guilty person back into society, as the saying goes. On this point, as on others, the new fangled view coincides with the utilitarianism preached by the Jacobins. The individual is held to be essentially independent; the state defends itself against a miscreant, but cannot punish him for breaking a moral law, that is, for being morally guilty. This guiltlessness of the guilty goes on to manifest itself in a reduced consideration for the victim and even in giving preference to the guilty over the innocent. In Sweden people who have been imprisoned are given preferential treatment in examinations for public employment, as compared with other, unconvicted, members of the public. Consideration for the victim is eclipsed by mercy for the wrongdoer. Mounting the steps to the guillotine, the borderer Buffet shouted his hope that he would “be the last man guillotined in France.” He should have shouted he hoped he would be the last murderer. The penalty for the offense seems more objectionable than the crime, and the victim is forgotten. The restoration of a moral order that has been violated by wrongdoing is rejected as if it were an act of vendetta. In fact it is something that justice demands and which must be pursued even if the harm done cannot be reversed and if the rehabilitation of the guilty party is impossible. The modern view also attacks even the validity of divine justice, which punishes the damned without there being any hope or possibility of amendment. The very idea of the redemption of the guilty is reduced to a piece of social engineering. According to the Osservatore Romano (6 Sept 1978), redemption consists in the awareness of a return to being useful to one’s fellows” and not, as the Catholic system would have it, in the detestation of one’s fault and a redirecting of the will back into conformity with the absolutes of the moral law.

“To go on to assert that a life should not be ended because that would remove the possibility of making expiation, is to ignore the great truth that capital punishment is itself expiatory. In a humanistic religion expiation would of course be primarily the converting of a man to other men. On that view, time is needed to effect a reformation, and the time available should not be shortened. In God’s religion, on the other hand, expiation is primarily a recognition of the divine majesty and lordship, which can be and should be recognized at every moment, in accordance with the principle of the concentration of one’s moral life.

“Attacking capital punishment, the Osservatore Romano (22 Jan 1977) asserts that where the wrongdoer is concerned “the community must allow him the possibility of purifying himself, of expiating his guilt, or freeing himself from evil; and capital punishment does not allow for this.” In so saying, the paper denies the expiatory value of death; death which has the highest expiatory value possible among natural things, precisely because life is the highest good among the relative goods of this world; and it is by consenting to sacrifice that life, that the fullest expiation can be made. And again, the expiation that the innocent Christ made for the sins of mankind was itself effected through his being condemned to death. Remember too the conversion of condemned men at the hands of St. Joseph Carfasso; remember some of the letters of people condemned to death in the Resistance. Thanks to the ministry of the priest, stepping in between the judge and the executioner, the death penalty has often brought about wonderful moral changes, such as those of Niccolo de Tuldo, comforted by St. Catherine of Sienna who left an account of what happened in a famous letter of hers; or Felice Robol, assisted on the scaffold by Antonio Rosmini; or Martin Merino who tried to kill the Queen of Spain in 1852; or Jacques Fesch guillotined in 1957, whose letters from prison are a moving testimony to the spiritual perfection of one of God’s elect.

“The most irreligious aspect of this argument against capital punishment is that it denies its expiatory value which, from a religious point of view, is of the highest importance because it can include a final consent to give up the greatest of all worldly goods. This fits exactly with St. Thomas’s opinion that as well as canceling out any debt that the criminal owes to civil society, capital punishment can cancel all punishment due in the life to come. His thought is Mors illata etiam pro criminibus aufert totam poenam pro criminibus debitam in alia vita, vel partem poenae secundum quantitatem culpae, patientiae et contritionis, non autem mors naturalis. (Summa, “Even death inflicted as a punishment for crimes takes away the whole punishment due for those crimes in the next life, or a least part of that punishment, according to the quantities of guilt, resignation and contrition; but a natural death does not.”) The moral importance of wanting to make expiation also explains the indefatigable efforts of the Confraternity of St. John the Baptist Beheaded, the members of which used to accompany men to their deaths, all the while suggesting, begging and providing help to get them to repent and accept their deaths, so ensuring that they would die in the grace of God, as the saying went.”

Here is an excerpt from the article in National Catholic Reporter.

“An anti-abortion brochure that claims voting for Democratic presidential candidate Barack Obama, “flagrantly violates Catholic teaching,” is being distributed to parishioners at Catholic churches across nine battleground states and beyond.

“The method of distributing the flier, entitled “Faithful Catholic Citizenship Based Upon the Gospel of Life,” includes placing brochures on cars parked outside of parishes, handing them out before or after Mass and distributing them online. No Catholic dioceses have sanctioned the brochure or its distribution methods and one archdiocese told NCR they strongly disagree with the methods of disseminating the material. And several of those who have refused to leave church properties have been arrested for trespassing.

“Nevertheless, Randall Terry, founder of Operation Rescue, told NCR he is targeting nine states he thinks are key to this year’s election – Florida, North Carolina, Virginia, Ohio, Indiana, Missouri, New Hampshire, Nevada and Colorado. But he’s sending brochures to whoever requests them, even if the state is not in play.”