Should torture ever be allowed?
#62
Thank you for clarifying that, Quis.  However, there is still the problem that another Pope before him had condemned just such practices.  I quote Pope St. Nicholas I, "Ad Consulta Vestra," Nov. 13, 866: 

"If a [putative] thief or bandit is apprehended and denies the charges against him, you tell me your custom is for a judge to beat him with blows to the head and tear the sides of his body with other sharp iron goads until he confesses the truth. Such a procedure is totally unacceptable under both divine and human law (quam rem nec divina lex nec humana prorsus admittit), since a confession should be spontaneous, not forced. It should be proffered voluntarily, not violently extorted. After all, if it should happen that even after inflicting all these torments, you still fail to wrest from the sufferer any self-incrimination regarding the crime of which he is accused, will you not then at least blush for shame and acknowledge how impious is your judicial procedure? Likewise, suppose an accused man is unable to endure such torments and so confesses to a crime he never committed. Upon whom, pray tell, will now devolve the full brunt of responsibility for such an enormity, if not upon him who coerced the accused into confessing such lies about himself? (However, let us not even call that a ‘confession’; rather, such a one utters with his mouth what is not in his heart!) . . . [The Pope then goes on to describe and recommend an alternative judicial procedure – presumably the one followed by that time in Rome.] Now, in the case of a free man under suspicion of a crime: if he has not already been found guilty of some previous offence, or has not been sentenced to be punished on the testimony of three witnesses, or if it is [otherwise] not possible to convict him, then the matter is finally resolved by placing before the accused the holy Gospel: once he swears upon it that he is innocent of the said crime, he is set free. This accords with what the Apostle to the gentiles had frequently witnessed: "an oath serves as a guarantee and puts an end to all argument" (Heb 6: 16).30

Fr. Harrison quotes it here:  http://www.rtforum.org/lt/lt119.html  Pope St. Nicholas invokes divine law in his letter, and Fr. Harrison (for what it's worth) assigns the status of "authentic Magisterium" to the letter.  I'm not quite sure how to reconcile that with later Popes' approval of torture in analogous situations.  Maybe it would be fair to say that we have never had a definitive answer as we've never had a solemn definition?

Man, as fun as this torture stuff is (pun intended), I must get to work!  See you all tomorrow!
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Messages In This Thread
Re: Should torture ever be allowed? - by Walty - 04-29-2009, 10:29 AM
Re: Should torture ever be allowed? - by DrBombay - 04-29-2009, 03:05 PM
Re: Should torture ever be allowed? - by SCG - 04-29-2009, 03:09 PM
Re: Should torture ever be allowed? - by SCG - 04-29-2009, 03:12 PM
Re: Should torture ever be allowed? - by Texican - 04-29-2009, 03:14 PM
Re: Should torture ever be allowed? - by SCG - 04-29-2009, 03:19 PM
Re: Should torture ever be allowed? - by DrBombay - 04-29-2009, 03:23 PM
Re: Should torture ever be allowed? - by Texican - 04-29-2009, 04:31 PM
Re: Should torture ever be allowed? - by Texican - 04-29-2009, 05:00 PM
Re: Should torture ever be allowed? - by Texican - 04-29-2009, 05:03 PM
Re: Should torture ever be allowed? - by Melita - 04-29-2009, 05:23 PM
Re: Should torture ever be allowed? - by Texican - 04-29-2009, 05:32 PM
Re: Should torture ever be allowed? - by Bonifacius - 04-29-2009, 06:24 PM
Re: Should torture ever be allowed? - by Walty - 04-29-2009, 06:57 PM
Re: Should torture ever be allowed? - by SCG - 04-29-2009, 07:33 PM
Re: Should torture ever be allowed? - by Texican - 04-29-2009, 07:45 PM
Re: Should torture ever be allowed? - by SCG - 04-29-2009, 08:20 PM
Re: Should torture ever be allowed? - by SCG - 04-29-2009, 08:26 PM
Re: Should torture ever be allowed? - by SCG - 04-29-2009, 08:45 PM
Re: Should torture ever be allowed? - by SCG - 04-29-2009, 09:07 PM
Re: Should torture ever be allowed? - by Marc - 04-29-2009, 09:40 PM
Re: Should torture ever be allowed? - by INPEFESS - 04-30-2009, 08:14 AM
Re: Should torture ever be allowed? - by INPEFESS - 04-30-2009, 09:45 AM
Re: Should torture ever be allowed? - by INPEFESS - 04-30-2009, 10:27 AM
Re: Should torture ever be allowed? - by INPEFESS - 04-30-2009, 11:01 AM
Re: Should torture ever be allowed? - by INPEFESS - 09-02-2009, 11:19 AM
Re: Should torture ever be allowed? - by glgas - 09-02-2009, 01:50 PM
Re: Should torture ever be allowed? - by INPEFESS - 09-02-2009, 03:16 PM
Re: Should torture ever be allowed? - by INPEFESS - 09-02-2009, 09:05 PM
Re: Should torture ever be allowed? - by INPEFESS - 09-03-2009, 01:16 AM



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