Religion

Catholic Legal Theory and life and death

Tom Berg’s question regarding the propriety or not of capital punishment in grave, i.e., heinous, cases not involving homicide has prompted me to revisit what Catholic teaching has to offer the civil law regarding life and death. I have already offered some personal views on capital punishment that I believe are consistent with Catholic teachings on the matter. [HERE]

But Tom’s posting has raised some other important questions for me. The circle around the issue of what does Catholic legal theory have to say, what could it say, about life and death where heinous crimes are not the central issue? I am of the view that Catholic legal theory, for it to be true to Catholic teaching, must have considered the soteriological (salvation) and eschatological (end times) matters that the legal subject under investigation may be or is related. For example, when we discuss abortion, we are talking about human beings intentionally ending prematurely human life. When we discuss war, we are talking about human beings intentionally ending prematurely human life. When we are discussing embryonic stem cell research, we are talking about human beings intentionally ending prematurely human life. This list is not exhaustive, but it presents a number of contemporary issues that we have been recently addressing at Mirror of Justice.

I am not offering any specific examination of these issues today; however, I am proposing that they and other important legal questions that involve the life and death of fellow human beings and that are under consideration by Catholic legal theorists must take into account how the law will affect the eternal salvation of those involved in the matter along with the final destiny of judgment by and union with God. At this point I am not arguing that all legal questions pose a need for this kind of consideration. But where the legal subject involves human acceleration of the death or end of the earthly life of any human, Catholic legal theory needs to take stock of the eschatological and soteriological dimensions of all involved in the matter. I wonder what others may think about my perspective.       RJA sj

From Mirror of Justice posted 2008-01-05.