From 'A Brief Textbook of Moral Philosophy'
1. That end is the maintenance of social order. To
secure this, it is necessary that advantage and pleasure be consequent
on the observance of order. But the criminal disturbs the order of
things by seeking to make advantage and pleasure consequent upon
disorder. Accordingly, justice requires, for the restoration of right
order which he has disturbed, that he shall lose advantages or feel
pain. For this purpose, then, various kinds and degrees of punishment
are needed to match the various kinds of evil doings and the various
grades of guilt. Hence, one purpose of legal punishment is expiation.
2. The end of civil society is likewise to guard rights
from violation; but this cannot be done unless offenders be punished in
a manner to deter others from following their evil example; the penalty should, for this purpose, be proportioned to the crime.
3. The criminal himself needs correction, i. e.,
by the bitter medicine of pain he is to be induced to give up his
vicious practices, and kept from disturbing the social order in the
future.
248. Thus a threefold reason exists for the infliction of legal punishment; it is expiatory, deterrent, and medicinal.
In domestic society, punishment is primarily medicinal for the
correction of the offender, yet at times it may be deterrent for others.
In civil society, punishment is chiefly expiatory and deterrent, and it
need not be medicinal.
1. Man is too noble a being to be slaughtered as a warning to others. Answer. Such certainly he is if he has done no wrong; not, however, if he has degraded himself by a monstrous crime.
2. The present doctrine would justify "Lynch law," and mob violence, which are evident evils. Answer. A mob has no authority to inflict death: civil society receives such authority from God, its founder.
3. Every man has an inalienable right to his life; therefore the State cannot condemn him to death. Answer.
When we say that a right is inalienable, we mean that no one can take it
away except God and one delegated by Him for that purpose; now the
State has a commission from God to inflict the death penalty for
enormous crimes.
4. In some States the death penalty has been abolished; therefore it is not necessary. Answer.
That consequent does not follow from the antecedent. It is not clear
that the purposes of civil government are sufficiently attained in those
States. If they are, it is owing to special circumstances, and
constitutes an exception to a general rule.
5. Desperate men are not restrained by fear of the death penalty. Answer.
Nevertheless it is the most potent restraint that the State can use;
besides, such men are prevented by the prompt infliction of the penalty
from multiplying their enormities. Moreover, few criminals have been
found so hardened as not eagerly to desire a commutation of capital
punishment to imprisonment for life.
2 comments:
You are seeing the beginning of an error in the non infallible area of the ordinary papal magisterium and it has widespread force because all Church office holders and Professors of Theology and Philosophy in Catholic schools must now take the profession of faith whose last paragraph
swears them into giving religious submission of mind and will to the non definitive.
But that is precisely why errors of the past like the burning of heretics (supported in writing/ Exsurge Domine/ art.33 "against the Catholic faith"/1520A.D.)....lasted six hundred years in reality but 700 years in canon law. I thinking burning heretics wrong inter alia because Christ twice praised Samaritan actions while not mentioning their
heretical rejection of the prophets post Pentateuch. Ergo by ignoring scripture and Christ's example, the Church burned people who now lend us their rake in Autumn....or help us jump our car battery.
In my view the usury error lasted so long because again we ignored another scripture....in this case Deuteronomy 23:21 "You may demand interest of a foreigner...". Implicitly that scripture rejects Aristotle's view that money is barren which Aquinas bought wholesale and ends up in Vix Pervenit (I know the extrinsic titles circumvention basically for the upper classes).
With the death penalty once again you are seeing two Popes void Rom.13:4 and Genesis 9:6 and the result will be another error lasting centuries. Unforetunately inmates in non death penalty states will sporadically pay for this error with their lives since murder within prison is a "free kill"....the already lifer murderer cannot be punished with death. Just as Protestants died due to the burning heretics error, so also will inmates be murdered due in part to this error. Two Popes who failed to protect Catholic young people from 1979 til 2002 are not the people who even be involved with penology questions.
You are seeing the inception of one more long perduring ordinary papal error and thanks to the profession of faith, you will not stop this ship of foolery in your lifetime.
And Catholic authors will not help you because their book sales would sink like a stone once they criticize even the non definitive issues that Popes have opined on. This area is why Arnold Toynbee admired us but rightly noted we had aspects of an arrested culture....the mimetic element...the simon says element. No official Catholic persons can help you because their incomes and/ or careers can suffer if they do.
There is about as much support in Scripture, Tradition, and the writings of the Magesterium for all-out pacifism as there is for a severe rejection on the death penalty. It is as if the Pope had declared that all war is contrary to a genuinely "pro-life" outlook, jettisoning centuries of just war theory on the dubious basis that international institutions had, in his considered judgment, acquired unnamed and invisible powers to render the nations of the earth no threat to each other.
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