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On Punishment | Professor V. Bradley Lewis

The Thomistic Institute

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War, Punishment, and the Just War Theory

In this chapter, the speakers discuss Thomas' views on war and punishment. Thomas talks about the reasons for going to war and the two classic parts of just war theories: discrimination and proportionality. The speakers explain how these principles also apply to criminal punishment, citing a text where Jesus talks about separating the guilty and the innocent. Thomas argues that if you can't punish the guilty without punishing the innocent, then you shouldn't punish the guilty. He also emphasizes that punishment should always be proportional. The chapter explores the concept of punishment and its relation to the changes in the catechism, focusing on retribution, medicinal purposes, and human dignity. The speakers discuss the role of penal sanctions, particularly the death penalty, in modern society. Additionally, they address the proportionality of punishment and the distinction between crimes and criminal sanctions in contemporary criminal law. The chapter also touches upon the concept of natural punishment as medicinal and the idea of suffering for a greater good.

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