Mark Shea
and I have been debating Catholicism and capital punishment. (See this post and this one for my side of the exchange and for
links to Shea’s side of it.) Shea has
been talking to “new natural law” theorist Prof. Robert P. George about the
subject. He quotes Robbie saying the following:
In fact, the Church can and has
changed its teaching on the death penalty, and it can and does (now) teach that
it is intrinsically wrong (not merely prudentially inadvisable). Both John Paul
II in Evangelium Vitae and the Catechism reject killing AS A PENALTY, i.e., as
a punishment, i.e., for retributive reasons. Rightly or wrongly (I think rightly,
but the teaching is not infallibly proposed—Professor Feser is right about
that—nor was the teaching it replaces infallibly proposed) the Church now
teaches that the only reason for which you can kill someone who has committed a
heinous crime is for self-defense and the defense of innocent third parties.
You can’t kill him AS A PUNISHMENT, even if he’s Hitler or Osama bin Laden,
once you’ve got him effectively and permanently disabled from committing
further heinous crimes. There is no other way to read Evangelium Vitae and the
Catechism. The interesting debate, I think, is about the status of the earlier
teaching and what kind of assent, if any, it demanded of faithful Catholics…