Edward Feser has written a short response to Christopher Tollefsen, who argues that capital punishment is intrinsically immoral. Feser does a good job showing that if one believes in the principle of proportionality, that capital punishment is moral at least in principle, even if we might haggle over when we should apply it. I particularly liked the first part of the article because Feser laid out a nice, succinct case for the notion of retributive punishment. In my experience, those most opposed to capital punishment are opposed because they see punishment as being primarily corrective in nature, or for the purpose of quarantining evil, not for retribution. This is a deficient view of punishment, and leads one to view capital punishment as either unnecessary or immoral.
September 29, 2011
Edward Feser Defends the Morality of Capital Punishment
Posted by Theosophical Ruminator under Apologetics, Capital Punishment[2] Comments
Thinking to Believe 
September 29, 2011 at 6:49 pm
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March 5, 2012 at 10:52 am
The Lord will not use a system of proportionality…an unsaved petty thief will end up in the same hell as the “genocidal rapist/murderer” (or Hitler for that matter). See…no proportion of punishment. Why?…because the entire human race is operating under a death sentence given to us by God. Our salvation is a reprieve from this death sentence.
I will fully admit that the bible does not speak actively against the institution of capital punishment, probably because it was the accepted law of the land at the time and place that the Bible was written (and there seems to be a strong tendency on the part of the New Testament writers to avoid debates about current social/political realities).
However, I cannot in good conscience point at someone and utter the phrase “that person deserves to die for what he has done”. I cannot and I will not. I deserved death for my sins, and the the Lord forgave me despite His being without sin. How then can I, a sinful man, insist upon another man’s death?
Here is a rather lengthy passage from Romans which bears on both sides of this discussion:
“Love must be sincere. Hate what is evil; cling to what is good. Be devoted to one another in love. Honor one another above yourselves. Never be lacking in zeal, but keep your spiritual fervor, serving the Lord. Be joyful in hope, patient in affliction, faithful in prayer. Share with the Lord’s people who are in need. Practice hospitality.
Bless those who persecute you; bless and do not curse. Rejoice with those who rejoice; mourn with those who mourn. Live in harmony with one another. Do not be proud, but be willing to associate with people of low position. Do not be conceited.
Do not repay anyone evil for evil. Be careful to do what is right in the eyes of everyone. If it is possible, as far as it depends on you, live at peace with everyone. Do not take revenge, my dear friends, but leave room for God’s wrath, for it is written: “It is mine to avenge; I will repay,”says the Lord. On the contrary:
“If your enemy is hungry, feed him;
if he is thirsty, give him something to drink.
In doing this, you will heap burning coals on his head.”
Do not be overcome by evil, but overcome evil with good.
Let everyone be subject to the governing authorities, for there is no authority except that which God has established. The authorities that exist have been established by God. Consequently, whoever rebels against the authority is rebelling against what God has instituted, and those who do so will bring judgment on themselves. For rulers hold no terror for those who do right, but for those who do wrong. Do you want to be free from fear of the one in authority? Then do what is right and you will be commended. For the one in authority is God’s servant for your good. But if you do wrong, be afraid, for rulers do not bear the sword for no reason. They are God’s servants, agents of wrath to bring punishment on the wrongdoer. Therefore, it is necessary to submit to the authorities, not only because of possible punishment but also as a matter of conscience.
This is also why you pay taxes, for the authorities are God’s servants, who give their full time to governing. Give to everyone what you owe them: If you owe taxes, pay taxes; if revenue, then revenue; if respect, then respect; if honor, then honor.
Let no debt remain outstanding, except the continuing debt to love one another, for whoever loves others has fulfilled the law. The commandments, “You shall not commit adultery,” “You shall not murder,” “You shall not steal,” “You shall not covet,” and whatever other command there may be, are summed up in this one command: “Love your neighbor as yourself.” Love does no harm to a neighbor. Therefore love is the fulfillment of the law”. Romans 12:9 – 13:10
What do I take from that? Paul believed (and stated) that all authority has been given to governments by God (including the authority to execute criminals). Fine. No problem. But then what are we to make of a nation that abolishes capital punishment? Has that nation gone against the will of God in how they should exercise their authority? Is that even possible? Is it God’s will that some nations have capital punishment and other not to have it? What about Christians being sentenced to death in Iran?
We live in a democratic society (unlike the Roman Empire). We have the priviledge for our opinions to peacefully be translated into public policy without causing the societal disruption and rebellion that Paul is speaking of here. Certainly many Christians are willing to “fight the law” with regard to abortion and gay marriage.
Why do I advocate for abolishing the death penalty?
1. Because I can advocate for it without “rebelling” against my government. There is no breakdown of social order when I register my opinion on the subject. It isn’t like I am marching on Washington with my torch and pitchfork.
2. Because I cannot in good conscience sentence a man to death by my words. I would not be able to serve on a jury that sentenced someone to death and therefore I have a hard time supporting the concept in our government.
3. We are allowing fallable people the power to decide when someone lives or dies. I doubt we will like this institution when it is being used on the saints of God during the Tribulation.
4. Having studied this for years, I am convinced that society does not gain any tangible benefit from the institution of capital punishment. Too many problems…innocent people being executed…too expensive…not shown to be a specific deterrent…and so forth.
5. I try to avoid saying (or even implying) that it is a good thing for a man to die. When I support capital punishment in a democratic society, I do that very thing.
Sorry about this being long-winded. Thanks for listening.
Side note: According to the above passage, the Christians living in the American colonies in 1775 probably should not have rebelled against the authorities that God placed in charge of them. :0)
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