A reader writes:
Since becoming Catholic I’ve heard a lot about capital punishment, and whether or not it should be opposed. Lately, however, I’ve become uncertain about how this ought to actually be applied. Some say that tobe consistently pro-life one should work against the death penalty as well as against abortion. This has caused some confusion on my part.
Okay, first off, be extremely careful about this "consistenly pro-life" stuff. This is rhetoric that is commonly used to hijack (or neutralize) the issue of abortion by relating it to other issues of a different character:
- Anti-death penalty folks use this rhetoric to try to establish a moral equivalence between abortion and the death penalty and thus argue that if you’re anti-abortion, you need to be anti-death penalty on the grounds that there is a moral equivalence between them such that supporting either would be "inconsistently" pro-life.
- Pacifists use the rhetoric to try ot establish a moral equivalence between abortion and warfare and use the same argument described above.
- Supporters of certain welfare or social programs try to establish a moral equivalence between abortion and not supporting their favored welfare or social programs such that if you’re against abortion you must also support their welfare or social programs to be "consistent."
- Some who oppose abortion seek to neutralize it by establishing a moral equivalence betwen it and other issues such as those described above and saying, in effect, if it’s okay for you to be inconsistently pro-life by not being anti-death penalty, pacifist, or a supporter of more money for this social program, then it’s okay for me not to be anti-abortion.
I know that the "consistently pro-life" rhetoric is out there in Catholic circles, including some highly placed churchmen, but in my judgment it is more of a hindrance than a help in dealing with the problem of abortion. One of the ways it does so is by putting a whole slate of agenda items in front of pro-lifers and making the problem too big to solve. It would be better to solve abortion and then work on other issues.
Another way it is a hindrance is that it has a tendency to mis-educate the conscience of the individual by establishing a moral equivalence between abortion and the other issues such that the individual who absorbs this language thinks or has a tendency to think that the issues are morally the same. Some who use the language may make the needed distinctions between the relative moral status of the issues, but these technicalities are lost on the ordinary individual.
Thus last year many in the Catholic community were convulsed by the question of could they vote for a particular candidate who opposes abortion but also supports the death penalty. The answer is: Of course you can. There are several reasons for this, but a key one is the fact that abortion and capital punishment are not morally equivalent. Abortion is intrinsically evil (meaning always evil) whereas capital punishment is at most only extrinsically evil (meaning evil in some circumstances but morally licit in others).
The same thing goes for war, social programs, etc. They just aren’t of the same moral status, and in my opinion we will be better able to deal with these problems if we use a language that better conforms to the objective differences in the moral status of these subjects. A "one-size-fits-all" rhetoric like the "consistenly pro-life" stuff has a tendency to mis-educate the conscience of individuals and thus make the problems harder to deal with.
However, after looking at the Catechism and reading bits of earlier Church documents touching on the subject, it seems that the ideas of when and how the death penalty can and should be applied have modified dramatically over the centuries. As such, is the current teaching in the Catechism to be considered an infallible teaching of faith and morals, or is it of a lesser nature–say, a personal opinion of the Pope that need not be absolutely accepted by all laymen? (This would especially concern Catholic politicians since it seems that the Church allows for the state to make up its own mind on this matter.)
When the Pope says that capital punishment should be used "rarely if at all," is this an official magisterial statement, or a statement as a personal theologian? Can one be consistently pro-life while approving of capital punishment?
Despite a popular impression to the contrary, the Catechism is not an infallible document (hence it’s already been revised once to fix some minor issues that needed correction). It is a realiable guide to the teaching of the faith, and it does repeat a number of infallible teachings, but it does not, as a whole, enjoy the property of having been written under the charism of infallibility.
This is something that Cardinal Ratzinger is at some pains to point out in THIS BOOK. In fact, he points out that the inclusion of a particular item in the Catechism does not change its doctrinal status. It has only the level of authoritativeness that it had prior to its inclusion in the Catechism. Thus you have to look at its doctrinal status in other Church documents to determine what weight it has in the Catechism.
Ths means that you have to look at Evangelium Vitae 56 to determine the doctrinal weight of the statement on the death penalty, and when one does that it is clear that it is phrased in a very tentative way that may be best understood as the prudential judgment of the pope and not as a matter to which all Catholics are required to assent.
Thus in his memorandum of last summer, Cardinal Ratzinger noted:
Not all moral issues have the same moral weight as abortion and euthanasia. For example, if a Catholic were to be at odds with the Holy Father on the application of capital punishment or on the decision to wage war, he would not for that reason be considered unworthy to present himself to receive Holy Communion. While the Church exhorts civil authorities to seek peace, not war, and to exercise discretion and mercy in imposing punishment on criminals, it may still be permissible to take up arms to repel an aggressor or to have recourse to capital punishment. There may be a legitimate diversity of opinion even among Catholics about waging war and applying the death penalty, but not however with regard to abortion and euthanasia [SOURCE].