In this article, the author argues that Catholic magisterial teaching in matters pertaining to criminal justice has been frozen since the Middle Ages in a legalist framework that has underwritten and continues to legitimate the violence of retributive justice by the state. The article will first provide the official Catholic position on criminal detention and punishment. This will be followed by a survey of the medieval, largely Thomist, account of the legitimacy of punishment as administered by the state, blessed by (...) the Church, and dominant in Catholic teaching, to the demotion of the nonviolent, evangelical emphases that characterized the pre-Constantinian Church. Finally, the paper will urge the revoking of Catholic endorsement of inflicting willful suffering on criminal offenders found guilty in courts of law. In this way, the Catholic Church will maintain a consistent, life-affirming, and exemplary Christian ethic of criminal justice. (shrink)

Restorative justice is an approach to crime and punishment that seeks to bypass the dynamics of the courtroom. It features the opportunity for victim and offender to construct a mutually agreed-upon means of reparation. Its proponents frequently invoke three ethical claims in defence of the practice: that punishment is not a necessary response to crime, that justice must be understood in a contextual rather than a foundational sense, and that the character of the offender can be amended through the restorative (...) encounter. Each claim will be analysed and critiqued from perspectives drawn from traditional and contemporary Christian ethics. (shrink)

Rehabilitation and conversion within the penal context are deeply ambiguous concepts. This ambiguity stems in part from the fact that little consensus has been reached among scholars as to the meaning of the terms beyond their ability to foster adjustment to institutional rules and obedience to law. This paper argues that each concept receives greater clarity and practical significance when understood in terms of moral transformation. The article will utilize the methodological framework of social scientific studies to underscore a contention, (...) most commonly found in theological literature that conversion, and a fortiori rehabilitation, signal a shift from a divided to a unified consciousness based upon the experience of unconditional acceptance and, ultimately, its bestowal upon others and upon all forms of life. (shrink)