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Capital Punishment and Roman Catholic Moral Tradition, Second Edition
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15 September 2014

Why is the Catholic Church against the death penalty? This second edition of Brugger’s classic work Capital Punishment and Roman Catholic Moral Tradition traces the doctrinal path the Church has taken over the centuries to its present position as the world’s largest and most outspoken opponent of capital punishment. The pontificate of John Paul II marked a watershed in Catholic thinking. The pope taught that the death penalty is and can only be rightly assessed as a form of self-defense. But what does this mean? What are its implications for the Church’s traditional retribution-based model of lethal punishment? How does it square with what the Church has historically taught? Brugger argues that the implications of this historic turn have yet to be fully understood.
In his new preface, Brugger examines the contribution of the great Polish pope’s closest collaborator and successor in the Chair of Peter, Pope Benedict XVI, to Catholic thinking on the death penalty. He argues that Pope Benedict maintained the doctrinal status quo of his predecessor’s teaching on capital punishment as self-defense, with detectable points of reluctance to draw attention to nontraditional implications of that teaching.
"Destined to become a primary resource on the complex moral question of capital punishment, this book is the culmination of many years of extensive scholarship by Brugger...Impressive, scholarly, and authoritative, this is recommended for large university libraries."—Library Journal
"E. Christian Brugger demonstrates how the Catholic position on capital punishment has shifted not only from yes to virtually never, but also from the category of just retribution to the category of a society's legitimate self-defense."—Commonweal
“[Brugger] very skillfully describes the intellectual and sociological changes which have assembled to alter the course of the Church’s approach to capital punishment.” —American Catholic Studies
“This book ranks as one of the clearest and most elegant statements of Catholic moral teaching on the death penalty. This volume should be included in every Catholic college library or seminary, and will be a valuable addition to all graduate libraries.” —Choice
E. Christian Brugger is the J. Francis Cardinal Stafford Professor of Moral Theology at St. John Vianney Theological Seminary.
Preface to the Second Edition (2014): The Church and Capital Punishment since the Death of John Paul II
List of Abbreviations
Introduction
Part 1. SORTING OUT THE ISSUES
1. The Present Teaching of the Magisterium
- The Catechism of the Catholic Church
- Evangelium Vitae
- Veritatis Splendor
- Theological Anticipations
- Conclusion and a Problem
2. The Justification of Punishment
- Punishment in the Catechism
- Strict Retributivism
- Utilitarian Accounts
Part 2. THE HISTORY OF THE CHURCH’S TEACHING
3. The Death Penalty and Scripture
- Old Testament
- New Testament
4. The Patristic Consensus
- Pre-Constantinian Writings
- Post-Constantinian Writings
5. The Medieval Testimony
- The Clergy Prohibition
- Changing Attitudes
- The Decretum Gratiani
- Pope Innocent III and the Waldensian Oath
- Thomas Aquinas
- John Duns Scotus
6. Sixteenth Century to the Present
- The Traditional Teaching: Consolidation and Development
- The Church’s Turn toward Opposition
Part 3. RETHINKING THE CHURCH’S TRADITIONAL NOTION OF JUSTIFIABLE HOMICIDE
7. Capital Punishment and the Development of Doctrine
- With What Authority?
- The Idea of Development of Doctrine
- Moral Doctrines and the Infallible Magisterium
- Development of Non-Irreformable Doctrines
8. Toward an Ethical Judgment that
- Capital Punishment Is Intrinsically Wrong
- The New Position of the Catechism Developed
- A Reformulated Catholic Teaching on Killing
Notes
Bibliography
Index of Authors
Index of Subjects