by:
Dom Basilio Magno
I. GOD IS THE
AUTHOR OF LIFE AND DEATH
FACT.
Everyone seems to agree with this
but no one really believes it. We find the majority of men exerting all efforts
to prolong their lives and a few trying to shorten their own or other's
lives.
DOCTRINE.
God alone decides on life and
death. He decides when a life would be born because He alone can provide
the soul, the source of life, for that being. Without God doing so, there
can be no life.
God alone decides when one dies because He alone can call a soul to
judgment. Without God doing so, no one dies.
And God had made His decisions on life and death from the foundation of the
world, i.e. long before anyone is born or dies. God has no intention of
changing His mind.
SOMETIMES, God executes His decision using human instrumentality.
Ordinarily, he uses the marriage privilege as instrument for the creation
of life. Though he does not do this always, as childless couples know too
well. Once He disregarded the said common procedure and still created life,
like in the case of the Blessed Virgin Mary in the birth of Christ.
Sometimes He uses science, such as in vitro fertilization, to initiate
life, though it is a practice frowned upon by the Church. Because of this,
man, the instrument, erroneously thinks that he is the author of life, like
the hammer thinking it is sinking the nail. Though the hammer is wise
enough not to think so, man with his fallen human nature often makes the
mistake of thinking that he is the creator of life.
SOMETIMES, also, God executes His decision ending someone's life using
human instruments. God used the Jewish people to end Christ's life. Now, no
one really believes that any Jew can end the life of a God. God also used
the crazed Herod to end the life of the Holy Innocents. It is God's way of
summoning the Innocents to their early reward and eventually entering
heaven, except God used the cruelty of a tyrant to do so. Because of this,
man, the instrument, often erroneously thinks that it is he who decides
when life should end. The Holy Innocents would have died of famine or
pestilence if Herod was not cruel or if the king was St. Louis of France.
GOD
EVEN DECIDES on the
circumstances of one's birth or death. God is the one who decided that
Christ would be born of Mary and no other woman. Or that St. Bernadette be
born in France and not in England. Or that St. Augustine would be born in
the 4th century and not in the 20th century.
God also decides on the circumstances of one's death. Whether one dies at
birth, of an illness, in an accident, from an assassin's weapon, from a
natural catastrophe or from a lethal injection whether of heroin, opium or
potassium chloride is God's decision alone, which no man can change. After
all God allowed evil and depraved men to use the death penalty as the means
for Christ's death though He was innocent.
TAKE NOTE that while it is God's will that a person be born, the adultery
or the fornication is not God's will (marriage, though, could be God's
will). While it is God's will that a person dies, murder is not.
Theologians want to call the former "God's direct will" while the
latter "God's permissive will."
God's direct will is what God really wants; while His permissive will is
what sinful man really wants, which is contrary to God's will but which God
allows as an exercise of the free will He has given man.
An example would be, it was God's direct will that Adam and Eve should not
eat the forbidden fruit; it was God's permissive will that allowed Adam and
Eve to disobey God and eat of the forbidden tree. Obviously the
disobedience was not God's will; but He allowed it as an exercise of the
free will He had given them for which they were later punished.
God's direct will is the laws of love and forgiveness. God's permissive
will is expressed in the laws of the state. It is God's will that we desire
His direct will and NOT desire what He merely permits to happen as when a
man commits murder.
It is God's way that He often extracts good from evil. So he allows man to
do evil and then, get some good out of it. So from fornication or adultery,
a saint could be born, or from an injustice a martyr could receive his
great reward in heaven. But the good extracted does not remove the evil
from an evil act.
DEATH
PENALTY.
Following the above
doctrine, therefore, let me state this early that absolutely no one,
neither head of state nor judge, nor executioner can really end any
criminal's life; nor can any one through acts of protest or demonstration
prolong anyone's life. If a criminal dies on a date set up by the court, it
is because it coincided with God's will. If it is not God's will, the
execution will surely not push through. And if it does not push through it
is not because of any demonstration or prayer rally; it is because it is
not God's will. So let no one attribute to himself the termination or
prolongation of anyone's life.
2. THE OLD
TESTAMENT CONCEPT OF JUSTICE. The
Old Testament concept of justice is considered inferior to both the
original concept God had in Paradise and the concept Christ would introduce
in the New Testament.
PRESENT
SITUATION.
Our concept of justice
today is still that of the Old Testament. In fact, the Old Testament is not
the "way it was in the beginning" as introduced in Paradise. The
so-called Old Testament concept of justice is a condescension that God had
to do because of the hard-heartedness of man.
GOD IN
THE GARDEN OF PARADISE. It is
narrated that in the beginning when God created Adam and Eve, He gave them
a command and threatened them that if they disobeyed that command they
would die the death. Now, that sounded like the first threat of death
penalty. And like our present practices, if there is a disobedience there
should be an execution of the threat. It is, however, narrated that after
Adam and Eve disobeyed, in spite of the threat of death, God did not
execute them but gave them many more chances. So, in effect, their sentence
was commuted to life imprisonment, since God's threat really meant a
spiritual death rather than mere physical death.
The woman caught in adultery, by all Old Testament standards, decreed death
by stoning. Christ did not go against the law but gave a higher law,
"He who has no sin, let him cast the first stone." And they all
left. Commuting the sentence to life imprisonment is a higher and nobler
law than imposing death penalty.
This should have been the setup in the Old Testament. But due to man's
hard-heartedness God delayed this set-up until the New Testament so that
there could be a continuous believable threat of death penalty; but all
punishment should eventually be reduced to life imprisonment in the hope
that man might eventually fear spiritual death rather than mere physical
death.
OLD
TESTAMENT JUSTICE. After
Adam and Eve were expelled from Paradise God had to give in to a more
inferior sense of justice because of man's incapacity to understand and
rise to higher levels of rational and spiritual life. So the law "An
eye for an eye." This law is a condescension due to human perversity
by allowing retaliation so men do not harm each other out of fear of
suffering the same.
Eternal life in paradise and heaven is the superior motivation for man to
love God and do good to neighbor. The "Eye for an eye" was the
threat to deter man from doing evil. The fear of the death penalty is not
enough to make man do good; it merely deters him from doing evil and, more
often than not, this works only if there is a danger of being caught. Where
there is no danger of being caught, like a state of anarchy, man indulges
in evil.
GOD
PLACES IT IN MAN'S NATURE TO love
life. Man, in his natural state, loves physical life. God's will is that
the love for physical life here on earth must eventually mature to love for
eternal life in heaven. Those who love eternal life begin to disdain
physical life here on earth.
To those who do good for love of eternal life, avoiding evil is inherent
and, therefore, they do not need the threat of death to avoid evil. In
fact, for such, like the martyrs, the threat of death means nothing. They
are even eager to die in doing good deeds. But for those who have no love
for eternal life, but merely have a love for physical life, to do good is
not inherent; while doing evil, which makes up majority of the acts of man
who love their physical life, increases. And so there is a need for such
persons to have the external threat of death to deter them from pursuing
their evil desires.
The love for physical life is insufficient to make someone do good and
avoid evil. In fact, this makes him selfish, thus discouraging him from
doing good to others and encouraging him to do evil. The sentence of death
is the most potent deterrence for doing evil for those who "love their
lives." Where this does not work, nothing else will and that society
is doomed to anarchy.
The natural fear of physical death was instilled in us by God that we may
all the more fear spiritual death or the death of the soul. After all,
physical death is really nothing; it is spiritual death that is everything.
FEAR OF
DEATH.
God gave us fear of
physical death that we might safeguard physical life. God, however, wants
us to mature into fear of supernatural death that we might safeguard our
eternal life. This is the message of the Old Testament and eventually
perfected in the New Testament.
In the garden of Eden, God threatened Adam and Eve with death. And they
were afraid of death. The reason they disobeyed God was not because they
did not fear death but because they thought that the devil's offer of
"Thou shalt not die" was a better offer.
After Cain killed his brother Abel, he begged God to protect him because he
feared that others would kill him for his crime. Yet God protected him and
did not allow that the rest of man could impose the natural retribution due
to such crime, i.e. death penalty. So here we see man in his fallen nature
instinctively applying the death penalty on those guilty of certain crimes
but God constantly preserving life that they may repent.
LOVE OF
LIFE MOTIVATES FEAR OF DEATH.
Man's love for life is
clearly shown in that every effort or act of man is aimed at prolonging and
preserving life. Obviously, anything that would threaten that would have a
deterrent effect.
For man life is so sweet, though painful and short-lived, because man
cannot manage not to die. He takes tremendous pains to avoid dying soon. He
is wise enough to know that he cannot avoid death; yet he exerts all effort
to avoid it. He finds life painful but would not want the pain stopped by
death.
The thought of death is naturally abhorrent to nature. Man struggles hard
not to die. He dies unwillingly because he had sinned willingly. Everyone
tries to delay death, as if it could be postponed. Everyone watches, digs in,
or bolts doors, or sails the seas, or plows the fields. People toil away
not in order not to die but just in order to die a little later.
How many things people do to live a few more days. Man is eager to live and
die a little while later. The things they do for the sake of those few days
and yet see what they are doing for the sake of eternal life.
Even for a little longer life, people are willing to give up everything;
they give up that by which they could live forever in heaven. They give up
faith to live a few days longer.
The devil will never promise eternal life here on earth. He knows no one
would believe him. But he promises to let you live longer, which in fact,
he cannot do. And the price he asks for the non-delivery of his lie is a
betrayal of Christ and His teachings. Only a fool would buy that.
We are prepared to be reduced to beggary to live a little longer, but not
to give away our superfluities in order to reign forever with Christ.
From the human point of view, Jeremy Bentham in "Rationale of
Punishment" (1831), said that death is regarded by most men as the
greatest of all evil, specially among those who are attached to life by the
ties of reputation, affection, enjoyment, hope and fear. It appears to be
the more efficacious punishment than any other.
The SAINTS, following the teaching of Christ to hate one's own physical
life, are the only ones who hate their present life, do not fear death, and
are willing to lay down their life any time...and all because they have
chosen to love ETERNAL LIFE.
For the SAINTS the thought of physical death and the possible consequence
of eternal death are the greatest motivation to avoid evil and do good.
Avoiding evil saves us from hell, while doing good brings us to heaven. So
the thought of eternal death should really prevent all crimes, thus making
this world a better place to live in. Sad to say, most of humankind is not
smart enough to make this choice.
"Do not fear those who kill the body, but cannot kill the soul."
Why is your concern on those who can kill the body and not the one who can
kill the soul? You must know that you are to face Him who can kill you
soul. And yet you clamor before him who can only kill the body. You are
afraid of prison but not of hell, of the inquisitor's torture but not of
hell's angels? Afraid of torment in time and not afraid of the pains of
eternal fire? Afraid of dying for a moment, but not afraid of dying
forever?
EFFECTIVENESS
OF THREAT OF DEATH TODAY. Our
times are more evil than before. Mankind has progressively gone lower than
the beasts. And like beasts, they don't think of the inevitable, death. And
so in countries that still have the death penalty, it is noticeable that it
has lost some of its effectiveness in deterring other criminals from doing
evil. Its effectiveness, however, is still undeniably exhibited in the
conversion of the condemned criminal. This shows that given the right
ambiance, like the death row or the ICU of a hospital or in an airplane
30,000 feet over the sea that has lost an engine, the thought of imminent
death influences man to be good. Life imprisonment does not show the same
salutary effect...though ordinarily speaking, it should.
And so like in the making of a saint, those in death row must be taught to
"hate their present lives that they may save it." Then leave
their fate in the hands of God.
In England it is said the King should win the love of the subject rather
than make them fear the laws on the death penalty made with great
legislative efforts. Showing that laws made for the preservation of peace
are more effective than laws made to fear punishment. This reflects the
teaching of the New Testament.
3. THE
CATHOLIC VIEW.
In the New Testament, God, through
Jesus Christ, imposed once more the original concept of justice, as He had
taught it in Paradise. Christ said He came not to abolish the Old Law but
to perfect it. Christ brought with Him the cure to man's tendencies towards
evil. Suddenly there is no need for any external force to make man do good
and avoid evil. The motivation would come from within man, himself.
But sadly, few would embrace this cure because it goes contrary to the
natural, base instinct of man. Majority had rejected it; "Many are
called but few are chosen." And because mankind had chosen to behave
more like the beast that he has become, because of original sin, the threat
of death effective for mostly irrational animals, has still become
necessary to prevent man from committing crimes.
The quest for holiness is the best and only solution to crime. Charity
removes from an individual all tendencies towards crime and sin; and
develops in man a preoccupation to do good to all men. It teaches that the
time of one's death is solely God's decision. But the kind of death we die
is in our hands. We could have a bad death or a good death. A virtuous life
leads to a good and holy death, though not necessarily a non-violent death,
as in the case of martyrs. And a good death will satisfy man's greatest
longing of avoiding death with the reward of a happy eternal life in
heaven. A bad death on the other hand will realize in man his greatest
fear, eternal death in hell.
Everything is based on God's will in that if a man is alive, evidently it
is God's will for him to be alive. And with no proof to the contrary we
must cooperate with God's will by keeping that man alive. To do anything to
the contrary is to go against God's will... which is more serious than
going against man's laws. "God does not desire the death of a sinner
but that he should be converted and live." "Precious in the eyes
of the Lord is the death of His saints."
What God allowed in the Old Testament, like the death penalty to deter
crime, He superseded in the New Testament with the law of love. This is
more perfect in that it always works, unlike the former that had limited
deterrence. In the New Testament Christ is giving us a choice on how to
stop evil between a very inferior instrument, the death penalty, and a
perfect instrument.
The death penalty has definitely some deterrence but not as much as we
would want. It benefits the criminal in some ways (as making him repentant)
but this does not work all the time. Then the practice is open to great
injustice in that an innocent person may be condemned. In which case, the
judge, the accusers, the witnesses, the supposed victims, the lawyers, the
guards and everyone concerned become guilty by association to the
injustice. The victims of the crime themselves, because of their inability
to forgive, shown by their suits and desire to pursue the death sentence
are the greater losers (spiritually). The death penalty though in
accordance to God's design of rendering the "sword" still goes
against the perfect teachings of Christ in the New Testament. The "eye
for an eye" of the Old Testament still goes against Christ's command
to forgive "seventy times seven."
The Catholic solution, Christ's Good News, on the other hand, is an all
winner. The evildoer is either prevented from being an evildoer or, if he
is evil, he is taught to be a repentant sinner, which solves the problem of
crime. The victim is forgiving, so there are no hatreds and suits. While
the judges and lawyers work that the sinner be repentant, the victims
become forgiving.
In the New Testament, Christ commands us to love. And killing is not
exactly an act of love, though parents of saints would rather see their
children dead rather than sin (but none is known to have killed their
child). God, too, out of love would choose the death of a child if He
foresees that the child would grow up a great sinner...sort of preventing
the child from losing his soul.
In His command to love He forbids us, not only not to kill, and not even to
get angry...but offering our other cheek if anyone strikes us on one cheek.
We are admonished to forgive seventy times seven without any condition.
So in a Christian scenario, there ought not to be any evildoer, and no
accuser.
Christ very strongly commanded us not to judge anyone with the threat that
we will receive the same judgment with which we judge others. The way we
use the word "judge" and the way Christ meant it are quite
different. The mother who judges her child to be naughty and punishes him
for it, the father who judges his eldest son to be committing adultery and
disinherits him for it, both are judging but not in the manner with which
Christ forbade. So a judge, considering the welfare of the majority may,
without disobeying the command of Christ, judge and punish a malefactor.
Just as parents are allowed to do that for the spiritual welfare of their
children, a judge may do likewise for the welfare of the majority. And the
Catholic Catechism (2266) confirms this right of the State precisely
because it does not go against Christ's command not to judge.
Christ's command not to judge is for one to consider himself not
spiritually superior to anyone else. In fact we must consider ourselves
"worm and no man," the "scum of the earth," meaning to
say spiritually the worst or at least inferior to others. Now, the
forbidden judgment is like this...If anyone thinks that his neighbor
deserves death while he does not, then he has wrongfully judged his
neighbor. He has implied that he is spiritually superior to his neighbor.
So everyone who thinks that a criminal is deserving of death while he
himself is not, has sinned against God. And judges could easily fall into
this. The advocates of the death penalty are obviously guilty of "rash
judgment."
4. THE
SAD STATE OF PRESENT AFFAIRS RAISES THE NEED FOR DEATH PENALTY.
Evidently mankind has
rejected Christ's solution and has remained in the irrational level because
of his fallen nature, though spiritual writers described man's state as
even lower than the beasts in that man is capable of crimes, which does not
exist in the animal kingdom.
This raises the need for the Old Testament deterrents, which, because times
have become more evil, is becoming ineffective. But we know of no other way
to deter crime. We seem to be stuck with the death penalty though it has
become a panacea. The only minimal good we get from it is possible
repentance of the condemned man only.
LET US SEE
THE PROS AND CONS OF THE DEATH PENALTY IN THE PRESENT DISPENSATION.
Indeed, Romans 13
recognizes the authority of the state to administer capital punishment. St.
Paul describes it as the "sword" that God gives the ruler to
execute God's wrath, not man's wrath. The Catholic Church has always
recognized the right of the state to administer capital punishment. The
Catechism of the Catholic Church repeats this recognition; the Holy Father mentions
it in Evangelium Vitae adding that the criminal is indeed guilty and his
death is the only way of protecting others...conditions which are difficult
to ascertain. But on Dec. 26, 1998, the Holy Father expressed the New
Testament teaching of Christ, stating that capital punishment is not really
reflective of Christ's teachings, which we have shown earlier.
Undoubtedly, the Church has a great respect for this right of the state
because she is not known to have objected to capital punishment. Though
when Church and state were united, the state did not practice capital
punishment. In some cases, the Church is known to have administered capital
punishment in her estates whenever banditry thrived. Heretics were burnt at
the stake.
The Vatican estate had provision for capital punishment up to just a few
years. Pope Paul VI had it removed.
In the development of Christian doctrine, however, the emphasis is on
mercy, "It is mercy I desire and not sacrifice." In the Sermon on
the Mount, Christ instructed his disciples to seek no revenge for
wrongdoing and also to love one's enemies.
Romans 13 affirms the sovereign power of the state to act on behalf of the
common good of society. The state must take appropriate measure to defend
the lives of innocent citizens even if it has to execute the lawless.
Capital punishment is an endorsement of justice where the criminal must
forfeit his life commensurate to the gravity of his crime.
The death penalty is an exercise of judgment and not of hatred. Pope
Innocent III declares: "We assert concerning the power of the state
that it is able to exercise a judgment of blood without mortal sin provided
it proceeds to inflict the punishment not in hate, but in judgment, not
incautiously but after consideration."
Christ preached to aim at eternal life even at the expense of our temporal
lives. This removed the fear of death. Aiming at eternal life is not so
much desiring to die, but to go to a place where there is no death. Of
course, we would rather go there without dying bodily but this is not
possible. "It is appointed for all men to die; then comes
judgment."
The Marquis Beccaria in his work "Crime and Punishment" Chapter
28, gives a sensible limitation to capital punishment. He states: "The
death of a citizen can be necessary in one case only; when, though deprived
of his liberty, he has such power and connections as may endanger the
security of the nation, when his existence may produce a dangerous
revolution in the established form of government. But even in this case, it
can only be necessary when a nation is on the verge of recovering or losing
its liberty, or times of absolute anarchy when the disorders themselves
hold the place of law. But in a reign of tranquility, in a form of
government approved by the united wishes of the nation, in a state
fortified from enemies without, and supported by strength within...where
all power is lodged in the hands of the true sovereign...there can be no
necessity for taking away the life of a subject."
The Marquis suggested servitude for life as the ordinary means of
deterrent. His suggestion came because of the good results of the abolition
of capital punishment in Russia under Empress Elizabeth and Catherine III.
The Marquis continues: "Capital punishment is a law which is intended
to moderate the ferocity of man; because of this it should not increase
man's ferocity by an example of barbarity especially if it is accompanied
with pageantry. To prevent murder, we should not commit murder."
Add to this the fact that in the secret corners of man's mind there is a
sentiment that tells him that his life is not lawfully in the power of
anyone.
Our evil times plus the inability of the men of the Church to convince
Catholic heads of state to spare life, to convince judges not to judge
unjustly, lawyers not to lie, victims to forgive seventy times seven, the
masses not to cry out for blood...cries for the reinstatement of the death
penalty.
JUDGES. Let us analyze our New Testament era where there
arises a need to impose the death penalty.
The right of the state to
administer the death penalty is vested on judges, since they are in the
best position to impose the law. And they are exhorted to render their
judgments cautiously and justly. Unfortunately this is difficult because we
cannot prevent lawyers from lying, witnesses from testifying falsely,
influential people from pressuring, and the press from voicing its
journalistic opinions...and the fact that judges, also, have a fallen
nature, the same fallen nature that had driven the accused to commit the
crime. Nevertheless, he is the better judge being trained, at least, for
the job. Let no one else arrogate this right.
God had still given the state this right even in the New Testament so it
can accomplish its primary rule of maintaining peace and order, which even
the Church of Christ needs so much to function well.
St. Augustine says: "Not everybody has the right to put evildoers to
death. There are judges to deal with them; there are the authorities to
deal with them. The state is well ordered, for the authorities that exist
have been ordained by God (Rom 13:1). So do not wish to strike one who
hasn’t been tried, to wish to strike who hasn’t been judged, to want to
strike a bad man without receiving any authority to do so. We are not
defending bad men, or saying bad men aren’t bad. Judges who judge take on a
heavy responsibility in that God will judge them the way they judge others.
So why do you want to carry this difficult burden on yourself and render an
account to God?”
So in the early Church, when a
judge became a Christian, he was allowed to remain as a judge but advised
to be most careful in dispensing his judgments. But those who were not
judges were discouraged from being judges.
Judges had not been preserved to
make unjust judgments. But sometimes God uses the unjust verdict of a
corrupt judge to coincide with God’s will in that most of the early
Christian martyrs died at the date their unjust judges had declared.
THE AUDIENCE.
For lack of knowledge of the case,
everyone else outside the judge should be silent. St. Augustine states: “It
is not lawful to rage against bad people. By venting your rage on them, you
are adding yourself to their number. Does the bad person displease you?
Then don’t let there be two of them. You are objecting to him yet you are
adding yourself to him. Do you want to overcome the bad with bad, to
overcome evil with evil?” “Do not be overcome by evil, but overcome evil
with good.” (Rom 12:21). Maybe he is worse than you, but that still makes
two bad persons.
THE CHURCH.
The Church must teach the kerygma,
the solution to all of man’s problems especially the problem of evil in
him. It is definitely the better answer to capital punishment. The kerygma
could have prevented the faithful from being criminals, or if they are the
victims, to encourage the faithful to be forgiving of their enemies. In
such a situation capital punishment would not be a necessity.
But in a situation where the men of
the Church had failed to teach man to eradicate their vices and passions
and live as angels (the goal of the Evangelical life), and similarly had
failed to teach forgiveness, then capital punishment becomes the unwanted
alternative. And though the Church must continue to teach the doctrines of
Christ, she must be humbled by her failure to do so thus raising the need
for the death penalty.
The Church should preach that to
incarcerate for life is a more humane alternative because the death penalty
is dehumanizing as a strategy to deal with human wrongdoing. Besides, it
does not reflect the Christian values of forgiveness, hope and redemption.
The U.S. Catholic Bishops, in Nov.
1980, citing St. Thomas, stated: “In this life, however, penalties are not
sought for their own sake, because this is not the era of retribution
(retribution is either in heaven or in hell), rather, they are meant to be
corrective by being conducive either to the reform of the sinner or to the
good of society, which becomes more peaceful through the punishment of
sinners. The need for lifetime incarceration for incorrigible dangers to
society is advised.” Majority of American Catholics, though, favors capital
punishment.
This attitude towards the death
penalty is in consonance with other Church teachings on abortion,
euthanasia and the defense of innocent lives. Capital punishment erodes
respect for the sanctity of human life. Christ wants us to respect life; He
didn’t say whose life.
The abolition of the death penalty
is based on the most basic Catholic truth that God alone is the author of
life and death. It is, therefore, a recognition of God’s sovereignty over
life. One dies, only with God’s permission. It also confesses the
limitation of human power over life.
Instead of exerting efforts towards the abolition of
capital punishment, the Church should exert effort in sanctifying her
faithful. Without Christian living, everyone is a candidate for the death
penalty.
The Church, because Christ had
given her a superior means to stop crime, must use this means and, in all
circumstances, preach this means. History shows that the practice of
Christ’s teaching had not only stopped crime but also produced the greatest
doers of good, the saints here on earth. To all the Church must preach
love, forgiveness and the preservation of life.
Christians cannot preach against
abortion and euthanasia and then advance the death penalty. It would be
inconsistent. Love and forgiveness is the law of God; the death penalty is
the law of the state.
All Christians, therefore should
forgive without condition and seek no revenge by demanding the death
penalty. While the criminal may be forgiven and saved because of the great
possibility of repentance, the victim who is unable to forgive could be
condemned to hell for his inability to forgive others, the condition for
one’s own sin to be forgiven. Dimas, the criminal, went to heaven; Judas
the apostle went to hell.
If the Church fails in preaching
Christ’s teaching in all its completeness to her subjects, thus raising
criminals among her subjects, then she must be resigned to the fact that
the state practice its right to terminate life to maintain law and order.
If the Church failed to teach a person how to be holy, and, as a
consequence, a crime is committed whose penalty is death, then the Church,
in all humility, must admit her failure by quietly allowing another entity,
though inferior, to administer the only medicine it knows, the death
penalty.
PRESENT STATE
OF AFFAIRS.
It is perplexing to see that in
these times when man seems to have reached the peak of knowledge, he still
has to recourse to antiquity when it comes to his sense of justice; “An eye
for an eye, a tooth for a tooth,” is still the rule. And I do not refer to
those who give in to anger and revenge and, therefore, have no sense of
justice at all. I refer to those who adhere to the law, the upholders and
defenders of the law, the enforcers of the law and clerics of the
Church…the ones who think they are the defenders of justice and have not
overstepped this.
Many have shown their zeal for
justice though their zeal is unenlightened. “Unaware of God’s justice and
seeking to establish their own, they did not subject themselves to the
justice of God. Christ is the end of the law. Through Him, justice comes to
everyone who believes.” (Rom 10:3-4)
Christian justice is this: “You
have heard that it was said, ‘An eye for an eye and a tooth for a tooth.’
But I say to you, do not resist one who is evil. But if anyone strikes you
on the right cheek, turn to him the other also. And if anyone would sue you
and take your coat, let him have your cloak as well; and if anyone forces
you to go one mile, go with him two miles. Give to him who begs from you,
and do not refuse him who would borrow from you.”
“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, so that you may be sons
of your Father Who is in Heaven…for if you love those who love you, what
reward have you? Do not even the tax collectors do the same?” (Matt
5:38-46)
How do Catholics practice the old
underdeveloped concept of justice? They condemn oppression by the powerful
but incite rebellion among the oppressed because they neglect to encourage
him who is oppressed to forgiveness, forbearance and to endure patiently.
In seeking to correct the unrighteousness of those in power, he makes the
oppressed unrighteous by arousing them to discontent, resulting in a
presumption of rights to rebel in any way with impunity, not only against
men, but against God, himself.
Parents still teach their children
‘an eye for an eye.’ If another child takes your child’s candy you fly
behind the shield of justice, which tells you to correct the crook. The
whole concept of human rights is ‘fight for your rights.’ Why don’t you bid
your child to a more Christian attitude of patiently bearing up with the
wrong done and forgiving the offender…which in fact is the nobler thing to
do in the eyes of God.
Even among the Church leaders this
out-moded sense of justice is found. They courageously raise their voices
on wrongs done by corrupt officials to the people but fail to exhort the
people to an evangelical attitude of forbearance, unwittingly making them
feel sinless if they do something even contrary to Christ’s commands.
What are the consequences of such
actions? To neglect to condemn the evil deeds of men to men may yet easily
merit forgiveness, if one does not neglect to encourage the oppressed to
that Christian attitude of forbearance. But to neglect the latter even
while sincerely rebuking the oppressor is the same as that sin of scandal
which the Lord condemns saying: “It would be better for him to tie a
millstone around his neck and to be thrown into the sea.” Why? Because he
incites more rebellious feelings, which lead to more sin, contrary to what
the Divine precepts exhorts, “To have lawsuits at all with one another is
defeat for you. Why not rather suffer wrong? Why not rather be defrauded?”
(1 Cor 6:7-8)
This underdeveloped sense of
justice is caused primarily by one’s consummate adherence to Old Testament
justice that outwardly seems to establish the rights of people. And
secondly, ignorance of the true meaning of justice in the New Testament.
Why does the Church embrace the Old Testament sense of justice while
rejecting the death penalty, which is an integral part of the Old
Testament? They fail to understand that in the New Testament, the more
important point is to encourage the oppressed to practice forbearance. It
is not a very popular stand, we understand.
At first glance, Christ’s justice
may seem to be passive, weak and an ineffective way of correcting evil. But
in reality, it is a more effective way of dealing out justice because while
it does not imply silence on the part of those in authority to correct, it
seeks to put right both the offender and the one offended.
Yes, those of you in authority,
“Take heed to yourselves; if your brother sins, rebuke him…” (Luke 17:3)
“Take no part in the unfruitful works of darkness, but instead expose
them.” (Eph 5:11) But exhort the offended: “Love your enemies and pray for
those who persecute you…” (Matt 5:44) for “…if you do not forgive men their
trespasses, neither will your Father forgive your trespasses.” (Matt 6:14)
The human race and even the men of
the Church have found it impossible to change drastically from the practice
of old justice to Christ’s justice. But there remains only one solution to
enable us to this change: “Without Me you can do nothing.” (John 15:5)
In the end, for a system of justice
to become Christian, it has to reflect not only God’s severity to the
wayward by the threat of death, for even God has continually raised the
threat of eternal death for sins lighter than murder. But it must, also,
reflect His mercy by commuting the penalty of death to life sentence. For
God, the Judge of us all, has declared His Will, “I do not wish the death
of a sinner but that he may be converted and live.”
(updated 01-04-02)
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