Within a few days of accepting the McCarrick resignation, Pope Francis promulgated a revision to the Catechism of the Catholic Church which modified its official position on capital punishment. This revision stirred up a lot of comment, as some people hold capital punishment more sacred than most of the doctrine of the Church. I’ll try to explain the controversy.
Some of those who reacted negatively to Pope Francis position on capital punishment claimed that he was changing church doctrine that had been in place since the beginning of the church. This claim is wrong. While the Old Testament provides multiple examples of capital punishment as being an appropriate response to murder and other major criminal offenses in Hebrew society, we see a shift in the New Testament. In Matthew 5:38- “You have heard that it was said, ‘An eye for an eye and a tooth for a tooth.’ But I say to you, offer no resistance to one who is evil. When someone strikes you on your right cheek, turn the other one to him as well…You have heard that it was said, ‘You shall love your neighbor and hate your enemy’ But I say to you, love your enemies and pray for those who persecute you, that you may be children of your heavenly Father, for he makes his sun rise on the bad and the good…”
In the earliest years of the church, Christians didn’t need to worry about whether capital punishment was a morally acceptable action by the government, as they were often the object of the death penalty. However, many Christians felt that following Christ meant that it was forbidden to kill. If you were a soldier, once you were baptized it was expected that you would retire from the military. After all, it was the job of a soldier to kill when necessary and a Christian couldn’t kill. This was a common attitude among Christians but wasn’t a formal teaching of the church. Among the writings of the church Fathers, we see some who were opposed to the death penalty and others who felt that it was a legitimate option for governments.
This wasn’t a problem for magistrates, as overt Christians weren’t placed in positions of authority. However, after Constantine became emperor and Christians were increasingly in leadership positions, Christians had responsibility for the welfare of the people. How do you protect people from invading barbarians, marauding pirates and murdering criminals?
Drawing from the Roman philosopher Cicero, St. Augustine of Hippo developed the basics of the “Just war” theory. This theory argued that a person had the right to protect himself or another against an unjust aggressor. Such an act of defense must be proportionate, protect non-combatants, have some hope of success and be a last resort. This theory justified a Christian leader undertaking warfare under certain very limited circumstances. This theory was expanded later to include the need to contain criminals and use capital punishment, when necessary, to do so. St. Thomas Aquinas is the most famous theologian to make this argument. Again, this wasn’t wholesale approval of capital punishment but provided for very limited circumstances where it might be a necessary response by a civil government for the protection of its people.
Over the centuries this teaching has a long history of being abused rather than carefully used, with little attention paid to the fact that capital punishment is an exception that is allowed only under limited circumstances. Capital punishment was allowed as a last resort as a means to protect society from dangerous predators. It was not meant to be a means of revenge or even a general deterrent to crime. Back in the Middle Ages there were few alternatives for dealing with dangerous criminals. However, there are alternatives available now that can protect society from criminal predators without the need to kill them. Over the past century or so the use of capital punishment has been restricted or eliminated in most European countries.
