Early this morning the 1000th execution took place since capital punishment was reinstated. I offer a few thoughts and ask for help in what I might not understand.
First, it was not unjust. There does not seem to have been any question about the man's guilt, who killed his estranged husband and her boyfriend, I believe. The basic principle of justice is the balance of the lex talonis "eye for eye, tooth for tooth, life for life." This man intentionally took a life, I imagine in a premeditated fashion, so justice is the taking of his life. In a sense, we would need to take two lives from him to make up justice. Someone might suggest that life imprisonment is a more effective taking of two lives than his death is. Perhaps. I make only the claim that his execution was not unjust.
Second, it was not unbiblical, even from a New Testament perspective. While we surely cannot just stop with Paul's comments in Romans 13 about governments--these comments surely have an element of rhetoric to them--Paul says that governments are established to punish wrongdoers. And the government he has in mind put people to death frequently. We have no evidence here that it ever entered Paul's mind that capital punishment was an inappropriate punishment in the equation.
Thirdly, I do not believe it is unchristlike, for I don't think Jesus ever addresses such an issue. On the rare occasions when he spoke to those with power, he encouraged them to be just (e.g., Matthew 3). He shows mercy indeed in Paradise, but does not rescue the thief on the cross from his death, a death Luke indicates was rightfully carried out by his implicit endorsement of what the thief himself says. In short, God is the model for governance; Jesus is the model for citizenship, particularly under an oppressive regime.
The governmental Jesus will of course cast many "into outer darkness, where there is weeping and wailing and gnashing of teeth." The governmental Jesus does not send the rich man back to witness to his brothers--he is stuck in torment. And while I think he would give time for repentance, there is a point at which "they will not hear you even if a man come back from the dead." God disciplines his children (Hebrews 12) and Christians discipline others in the church (Matthew 18; 1 Corinthians 5). It is not incoherent to see death as a discipline in some circumstances despite ultimate salvation, in the name of justice.
By these comments I do not make an argument for capital punishment. My argument is only that it is not unjust, unbiblical, or unchristlike.
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12 comments:
Dr. Schenck,
Good thoughts. Appreciate your wisdom and insight.
James,would their be a difference in death or life in prison(as far as the government making sure that no innocent people are wrongly excuted)
My option would be death instead of life in prison.
My point is that either way it is wrong doing...just my thoughts
James, I tried to keep it theoretical, since things always get complicated when we get into the actual practice. My biases are with you as far as not slating anyone for capital punishment unless we are more than just legally beyond a reasonable doubt. I think it needs to be overwhelmingly clear that the person is guilty beyond unreasonable doubt.
It does seem to me that in some cases, the crimes are so heinous that it makes sense to blot the memory of a person (e.g., the Jeffrey Dahmer's, Hitlers, etc...). But even then you could argue that if we could "forget" someone by putting them away into an incarcerated oblivion, that is more appropriate.
With regard to bin Laden, for example (I actually suspect that he's dead), I wouldn't want to put him to death because that would empower him.
Well, they're just Schenck Thoughts...
I know you don't need my partiular praise, but that was well done. A good argument that those things are not implicitly in the death penalty itself. However didn't you say at a coloq. a while back that you felt as if Jesus would be against the death penalty or was I just hearing things?
Aaron, what I said is that I think Jesus would give a chance for repentance. But the more I've thought about it, the more I think that repentance isn't something God waits for forever. But again, I'm not necessarily making a pro-capital punishment argument here, just a "not unchristian" argument.
James -
"you can't offer a pardon to a corpse"
Then again, how do you pardon 25 years in jail?
Yes, is taking half of a life (of freedom) away *that* much different than executing someone? Is it a matter of degrees or are these issues (imprisonment vs. execution) different on another plane?
Sounds interesting, Doc. I would just be cautious if you start to use the "value of life/culture of life/life is precious" argument against abortion and not have strong sentiments about capitol punishment. Things tend to get inconsistant along those lines sometimes.
In garden God told Adam that the penalty for disobedience would be death. In Genesis 6, God executed this sentence on the inhabitants of the earth. I guess if God seems to be in favor of the death penalty for crimes against His Kingdom, maybe certain crimes in our society are also deserving of the death penalty.
Craig,
Yet Jesus also said, "You have heard it said, 'An eye for an eye, a tooth for a tooth.' But I tell you, love your enemy."
God sanctioning death in the Old Testament is an issue that requires more attention than just delineating in black and white terms.
Craig, I think we always have to be careful when applying the OT to filter it through the NT. But I do think the OT does seem to imply at least that capital punishment does not violate the nature of God. One could of course make a "because of the hardness of your hearts" argument that God allowed capital punishment as part of His permissive rather than "perfect" will.
Jake, the strongest theological argument against capital punishment may be the one that believes that because of the image of God in humans, it is never the place of a human to take the life of another. I think this would eventually lead us to a fully pacifist position in which war was always inappropriate for a Christian as well.
If we do not take this position on the image, then presumably there could be some circumstances where we would allow as Christians the taking of unborn life (like if the life of the mother is involved). The fact that unborn life is innocent rather than guilty of murder seems significant if we are weighing values against values.
Thoughts...
Ben and Ken
Why is the example of the death penalty I gave from the OT not relevant in addressing this issue? What caution do I need to use in applying teachings from the OT to the NT?
Craig, sorry... I don't think I disagree with your comment because you said "some." I was more responding to those who base an understanding of capital punishment on the civil law of Israel. Here I would qualify by referencing: 1) Romans 6:23, the fact that we are all thus subject to capital punishment and 2) passages in, say, Deuteronomy that require stoning for a rebellious stone, which we wouldn't likely do.
So none of these contradict what you said but are the kinds of qualifications I would make to someone arguing for capital punishment on the basis of the Pentateuch (e.g., Numbers stoning of someone for gathering sticks on the Sabbath).
Interesting how insistant some Christians are on killing people.
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