Anaya Nolan
Canon law is the ecclesiastical law that governs the Catholic Church. Canonists generally hold that ecclesiastical law forbids inferior church tribunals to decree capital punishment directly. However, the Pope or a general council has the power to demand that a Catholic state inflicts this punishment when deemed necessary for the good of the Church. Canon law has always forbidden clerics to shed human blood, and the death penalty has always been carried out by secular authorities. The Catholic Church's stance on capital punishment has evolved over time, with Pope Francis stating in 2015 that today, the death penalty is inadmissible, no matter how serious the crime committed.
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What You'll Learn
Pope Pius XII's 1952 address
Canon law has always forbidden clerics to shed human blood and, therefore, capital punishment has always been carried out by the secular arm. However, ecclesiastical law does not forbid the pope or a general council from demanding that a Catholic state inflicts this punishment when the good of the Church requires it.
In an address given on the 14th of September 1952, Pope Pius XII stated that the Church did not regard the execution of criminals as a violation by the State of the universal right to life. He argued that the State does not dispose of the individual's right to life when it comes to the execution of a condemned man. Pope Pius XII's address was made on the eve of the 1952 local elections in Rome, where the Communist and Socialist parties threatened to win. He considered the war against Communism a holy war and excommunicated members of the Italian Communist Party.
Pope Pius XII's address built upon the 1908 Catechism of Pope Pius X, which taught that the death penalty is lawful under the commandment "thou shalt not kill" for three reasons. Firstly, when fighting in a just war; secondly, when carrying out, by order of the Supreme Authority, a sentence of death in punishment of a crime; and, finally, in cases of necessary and lawful defence of one's own life against an unjust aggressor. The 1911 edition of the Catholic Encyclopedia suggested that "the infliction of capital punishment is not contrary to the teaching of the Catholic Church, and the power of the State to impose the death penalty derives much authority from revelation and from the writings of theologians". However, the matter of "the advisability of exercising that power is, of course, an affair to be determined upon other and various considerations".
The Church's stance on capital punishment has evolved over time. Pope Francis, for instance, has stated that he is against the death penalty. In 2013, he advocated that "capital sentences be commuted to a lesser punishment that allows for time and incentives for the reform of the offender". In 2015, he addressed the International Commission Against the Death Penalty, declaring that "today, the death penalty is inadmissible, no matter how serious the crime committed".
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Canon law and the death penalty
Canon law, or ecclesiastical law, forbids inferior church tribunals from directly sentencing someone to death. However, it suggests that the Pope or a general council has the power to demand that a Catholic state inflicts capital punishment when deemed necessary for the good of the Church. Canon law has always forbidden clerics from shedding human blood, instead leaving capital punishment to the secular arm.
The 1908 Catechism of Pope Pius X teaches that the death penalty is lawful under the commandment "thou shalt not kill" in specific circumstances: when fighting in a just war, when carrying out the sentence of death in punishment for a crime by order of the Supreme Authority, and in cases of necessary and lawful defence of one's life against an unjust aggressor. The 1911 Catholic Encyclopedia similarly states that the Church's teachings do not contradict the imposition of the death penalty by the state.
Theologian and cardinal Avery Dulles, in a 2001 article, argued that historical Church teaching and the Catholic magisterium of the time do not advocate for the abolition of the death penalty and do not deny the right of the state to impose capital punishment in certain extreme cases. Dulles suggests that the commandment "thou shalt not murder" permits the death penalty by civil authority as the administrator of justice within human society and in accordance with natural law. He argues that the Church teaches that punishments, including the death penalty, may be levied for four reasons: rehabilitation, defence against the criminal, deterrence, and the removal of an impediment to the common good.
In contrast, Pope Francis has stated his opposition to the death penalty. In 2013, he advocated for capital sentences to be commuted to lesser punishments, and in 2015, he addressed the International Commission against the Death Penalty, declaring that "today, the death penalty is inadmissible, no matter how serious the crime committed." Francis argued that the possibility of judicial error means that the death penalty has lost all legitimacy, and society can no longer justify it as a means of self-defence.
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The Catholic Church's stance
Historically, the Church recognised the authority of the state to impose the death penalty in certain extreme cases. The 1908 Catechism of Pope Pius X taught that the death penalty was lawful under the commandment "Thou shalt not kill" in specific circumstances. These included fighting in a just war, carrying out the sentence of a supreme authority as punishment for a crime, and defending one's life against an unjust aggressor. The 1911 edition of the Catholic Encyclopedia affirmed the power of the state to impose capital punishment, while acknowledging that the advisability of its exercise was a separate matter.
Theological arguments have been made to support this stance. Cardinal Avery Dulles, in a 2001 article, argued that historical Church teaching does not advocate for the abolition of the death penalty. He suggested that the commandment "Thou shalt not murder" permits the death penalty when administered by a civil authority as the administrator of justice. Dulles identified four reasons for punishments, including the death penalty, according to the Church's teachings: rehabilitation, defence against the criminal, deterrence, and retribution.
However, more recently, the Catholic Church has moved towards a position that opposes the death penalty. Pope Francis, in 2013, advocated for capital sentences to be commuted to lesser punishments, allowing for the reform and rehabilitation of offenders. In 2015, he addressed the International Commission against the Death Penalty, stating that the death penalty is "inadmissible" regardless of the crime committed. Pope Francis argued that the death penalty is no longer justifiable by society's need for self-defence and that the possibility of judicial error further undermines its legitimacy.
While the Church has not explicitly abolished the concept of capital punishment, its modern stance emphasises the value of human life and the need for justice to be tempered with mercy. The Church's law provides for various punishments, including non-penal strategies, to address crimes committed by its members. Canon law specifically forbids clerics from shedding human blood, and the direct imposition of the death penalty by ecclesiastical law is generally forbidden for inferior church tribunals.
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Cardinal Avery Dulles' argument
In a 2001 article, theologian and cardinal Avery Dulles argued that historical Church teaching and the then-contemporary Catholic magisterium do not advocate for the abolition of the death penalty. He contended that the Church recognizes the right of the state to impose the death penalty in certain extreme cases. Dulles interpreted the commandment "Thou shalt not murder" as permitting the death penalty when administered by civil authorities as the administrators of justice in a human society, in accordance with natural law.
Dulles put forth four reasons why the Church teaches that punishments, including the death penalty, may be levied:
- Rehabilitation: The sentence of death can and sometimes does lead the condemned person to repentance and conversion, potentially facilitating their reconciliation with God.
- Defense against the criminal: Capital punishment prevents the wrongdoer from committing future crimes and protects society.
- Deterrence: Executions can deter others from committing serious crimes.
- Retribution: The death penalty can redress the disorder caused by the offense, serving as an exercise of retributive justice.
Dulles also addressed some objections to the death penalty. He acknowledged the possibility of executing innocent people, but downplayed the force of this argument. He also recognized that the death penalty could contribute to a culture of violence and cheapen the value of life, but he suggested that these concerns should not outweigh the other considerations.
Cardinal Dulles' argument reflects a nuanced view within the Catholic Church regarding capital punishment. While some Catholic writers and bishops have advocated for the abolition of the death penalty, emphasizing the sanctity of human life, Dulles' interpretation of Church teaching aligns with the idea that the death penalty can be justified in specific circumstances.
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Pope Francis' opposition
Pope Francis has been vocal about his opposition to the death penalty. In 2013, he advocated that "capital sentences be commuted to a lesser punishment that allows for time and incentives for the reform of the offender". He further elaborated on this stance in 2015, stating that "Today the death penalty is inadmissible, no matter how serious the crime committed".
Pope Francis has argued that the death penalty is no longer justifiable by society's need to defend itself, and that it has lost all legitimacy due to the possibility of judicial error. He has characterised capital punishment as "an attack on the inviolability and dignity of the person", and affirmed that the Catholic Church "works with determination for its abolition worldwide". In 2018, the Vatican's CDF, with Pope Francis' approval, revised the Catechism of the Catholic Church (CCC) to reflect this stance, declaring that capital punishment is "inadmissible".
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Frequently asked questions
Canon law has always forbidden clerics to shed human blood and therefore capital punishment has always been carried out by the secular arm. However, canonists generally hold that the pope or a general council has the power to demand that a Catholic state inflicts this punishment when the good of the Church requires it.
The Catholic Church has not historically advocated for the abolition of the death penalty, and has not denied the right of the state to impose the death penalty in certain extreme cases. Pope Pius XII stated in 1952 that the Church did not regard the execution of criminals as a violation of the universal right to life by the State.
Cardinal Avery Dulles argued in 2001 that the Church teaches that punishments, including the death penalty, may be levied for four reasons: rehabilitation, defense against the criminal, deterrence, and decontamination of society.
Pope Francis has stated that he is against the death penalty. In 2013, he advocated that "capital sentences be commuted to a lesser punishment that allows for time and incentives for the reform of the offender". In 2015, he addressed the International Commission against the Death Penalty, stating that "today the death penalty is inadmissible, no matter how serious the crime committed".
The 1908 Catechism of Pope Pius X teaches that the death penalty is lawful under the commandment "thou shalt not kill" when it is a just war, when carrying out a sentence of death in punishment of a crime, and in cases of necessary and lawful defense of one's own life.
