2 Church Teaching and Capital Punishment
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Capital punishment in Scripture
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The authority of Scripture
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the extremely high authority the Catholic Church attributes to Scripture.
Note:LA SCRITTURA
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divinely inspired
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The First Vatican Council (1869—1970)
Note:PRIMA FONTE
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The Second Vatican Council teaches in Dei Verbum (1965)
Note:SECONDA
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Leo XIII’s Providentissimus Deus and Pius XII’s Divino Afflante Spiritu.
Note:ENCICLICHE
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The Catechism of the Catholic Church (no. 107)
Note:ANCORA
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inerrant at least where matters of faith and morals are concerned (something even the modernist theologians
Note:ASSODATO
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“it is not permissible for anyone to interpret Holy Scripture in a sense contrary to” the meaning “which Holy mother Church held and holds” or which is “against the unanimous consent of the fathers”.
Note:CVI
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a matter of faith and morals.
Note:LA QUESTIONE PENA MORTE PM
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if Scripture, understood as the Fathers of the Church and the Church herself have always understood it, teaches that capital punishment is in principle morally legitimate,
Note:...SEGUE CHE....MA È PROPRIO COSÌ
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The Old Testament
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James Megivern,
Note:LO STUDIOSO
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following passage from Genesis
Note:LA BASE
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Whoever sheds the blood of man, by man shall his blood be shed; for God made man in his own image.” (9:1, 5-6)
Note:IL PASSAGGIO
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in the name of man’s dignity as made in God’s image—
Note:LA GIUSTIFICAZIONE DELLA PM
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there is no distinction made in the passage between accidental and willful homicide, no distinction between a crime of passion and a murder that is planned maliciously, and no reference to state executions as opposed to private vengeance.
Note:X MEGIVERN IL PASSAGGIO È CONFUSO E NN GIUSTIFICA
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best read in a “proverbial” way rather than as a divine command.
Note:QUINDI...
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murderers will tend, as a matter of fact, to suffer the repercussion of being killed themselves.
Note:OVVERO...QUESTIONE DI FATTO
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Megivern’s arguments have no force.
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“I will require the life of man.”
Note:NN SEMBRA UN PROVERBIO
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It is absurd to deny
Note:NATURA SANZIONARORIA
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God made man in his own image”
Note:NN HA SENSO NELLA VERSIONE DI M.
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killing them as a distinctively moral motive.
Note:GLI ASSASSINI NELLA BIBBIA
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it would be ridiculous to argue: “No distinction is made in this passage between those who are truly in need
Note:QUANTO ALLA MANCATA PRECISA DENTIFICAZIONE DEI REATI...ANALOGIA COL COMANDO DI DARE
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the passage from Matthew does teach the general principle that almsgiving is required
Note:È VVIO...SINDACARE È PRETESTUOSO
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“it is not permissible for anyone to interpret Holy Scripture in a sense contrary to” the meaning “which Holy mother Church held and holds”.
Note:PROBLEMI ANCHE CON QS DIRETTIVA
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regard the passage as a divine sanction of capital punishment is “the ‘traditional’
Note:AMMESSO ANCHE DA M.
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Even E. Christian Brugger,
Note:AMMESSO ANCHE DA ALTRO OPPOSITORE DI PM
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Brugger acknowledges that the passage is a “problem” for the abolitionist
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the law given to Israel by God through Moses not only sanctions capital punishment but, in the famous lex talionis, endorses a straightforward version of the principle of proportionality.
Note:OLTRETUTTO...RIBADITO NEL TALIONE...DEUT 9…11-13 MA ANCHE ESODO E LEVITICO
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“blood pollutes the land, and no expiation can be made for the land, for the blood that is shed in it, except by the blood of him who shed it” (35:33).
Note:NUMERI...ANCORA
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“proverbial” reading is even less plausible here.
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many crimes other than murder for which the death penalty might be inflicted, including false witness
Note:FALSA TEST...IDOLATRIA...OMOSESSUALITÀ...BESTIALITÀ...INCESTO RATTO
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Scripture regards the death penalty as in principle legitimate.
Note:CONCLUSIONE MINIMALE
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“Morning by morning I will destroy all the wicked in the land, cutting off all the evildoers from the city of the Lord”
Note:SALMO CITATO DAL CATECHISMO IN DIFESA DI PM
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The New Testament
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if any one strikes you on the right cheek, turn to him the other also;
Note:L ALTRA GUANCIA...GESÙ RIPUDIA LA VENDETTA?
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(Mt 5:38-41)
Note:SOPRA
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he had come “not to abolish the law and the prophets. . . but to fulfil them” (Mt 5:17).
Note:LO DICE GESÙ NELLO STESSO DISCORSO
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explained by Saint Augustine in Contra Faustum:
Note:COME PORTA IL COMPIMENTO?
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talionis principle was intended to ensure that offenders were given a penalty they deserved, as opposed to a penalty that was harsher than what they deserved. Jesus is not denying that this is good. Rather, he is saying that it is even better to forgive
Note:L ECCELLENZA
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mercy presuppose that the offender really does deserve the punishment we refrain
Note:UL PRESUPPOSTO
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to be consistent, also have to suppose that Christ would condemn arresting and imprisoning
Note:ESIGENZA X CHI VEDE UN RIPUDIO DI PM
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the abolition of the criminal justice system.
Note:NESSUN ENTUSIASTA DEL DISCORSO DELLA MONTAGNA ARRIVA A TANTO
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that is how the passage has traditionally been understood by Catholic theologians.
Note:CONFORME A TRADIZIONE
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biblical scholars Robert Witham and Richard Challoner:
Note:ESEMPIO
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You have heard that it was said to the men of old, “You shall not kill; and whoever kills shall be liable to judgment.” But I say to you that every one who is angry with his brother shall be liable to judgment;
Note:ALTRO PASSAGGIO IN CUI GESÙ ESAGERA IN MODO INACCETTABILE SE SI RIFERISSE ALLA MORALE LEGALISTICA
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he does not make reference to taking “life for life”. He refers only to taking “an eye for an eye and a tooth for a tooth”.
Note:IL TALIONE NN È CITATO N MDO COMPLETO
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deal
DA FINIRE
