tag:blogger.com,1999:blog-25740524.post7497004826457026080..comments2024-03-11T13:16:19.098-04:00Comments on Ad Orientem: Apologia Contra LetumUnknownnoreply@blogger.comBlogger3125tag:blogger.com,1999:blog-25740524.post-37504634249419709062007-10-17T16:23:00.000-04:002007-10-17T16:23:00.000-04:00I respect your position on the death penalty and, ...I respect your position on the death penalty and, truth be told, I share it. We no longer live in an era where the death penalty is necessary as a protective measure; life incarcerated will do just fine. The primary argument for it now is one centered on retributive justice--a form of justice which, I would contend, no Christian should abide by. Of course, it is always possible that we may enter into an era where prisons cannot be safely maintained or social order decays to the point where there is no viable penal system. If such a state occurs again, I would think that the death penalty would need to be revisted simply as a matter of social protection and responsibility. Let us hope that we never live to see such days.<BR/><BR/>As for the Supreme Court case that is pending, it is unique in the current era in that it is geared towards a <I>form</I> of punishment rather than a class of offenders (e.g., persons under 18, the mentally retarded, etc.). The jurisprudence of the Court since the 1980's has been to narrow the applicability of the death penalty, though it seems the classification route has been exhausted. Attacking the forms of execution seems logical enough to me, though I am curious to see where the Court takes their rulings. In the past, they have been prone to strike down the applicability of the penalty on the basis that it upsets "the evolving standards of decency" of society. (An open-ended and--in my view--empty-headed standard by which to interpret the constitutional text.) Justices Thomas and Scalia have been strong opponents of that jurisprudence and, I suspect, Justices Alito and Roberts may be as well. That still leaves the other five who have historically gone to great lengths, at the expense of both law and logic, to see the death penalty limited. If I were a betting man, I'd say lethal injection's days are numbered. Still, I have no confidence that a coherent, principled, or even legally intelligible opinion will be crafted by the Court to support such a ruling.G Sanchezhttps://www.blogger.com/profile/11797757461858023882noreply@blogger.comtag:blogger.com,1999:blog-25740524.post-6923900528232358972007-10-16T23:29:00.000-04:002007-10-16T23:29:00.000-04:00John,I seem to have taken the opposite path--I was...John,<BR/><BR/>I seem to have taken the opposite path--I was once vehemently opposed to the death penalty, but have come to see it as justified in at least some cases.<BR/><BR/>Of your arguments, the first and last are weakest, I think: <BR/><BR/>1. The deterrent value of the DP is not the only, or necessarily even the primary, justification for its use. It was reading C.S. Lewis, years ago, that first made me start to re-think my oppostion, as Lewis argues for the DP as a preventative against the cheapening of human life. This is the basis on which I argue that the DP may sometimes be necessary.<BR/><BR/>9. The example of "virtually the entire . . . developed world" is close to worthless, in most cases. When Europe, for instance, one day submits to Sharia law (something that is by no means unlikely), I hope we won't follow suit.<BR/><BR/>I do, however, share your concerns about the acutal practice of the DP in this country, at this time (and I am still basically opposed to it on these practical grounds, though not in principle).<BR/><BR/>Yours in Christ,<BR/>JohnJohn Edwardshttps://www.blogger.com/profile/01309521171717472750noreply@blogger.comtag:blogger.com,1999:blog-25740524.post-18803229240496811342007-10-16T23:12:00.000-04:002007-10-16T23:12:00.000-04:00I agree with you on all nine counts, and I'm happy...I agree with you on all nine counts, and I'm happy Michigan doesn't have the death penalty. We got rid of it long ago.Wordsmythhttps://www.blogger.com/profile/02401441621572201090noreply@blogger.com