deacon dan gannon, j.d., m.a. life in christ the fifth commandment

Deacon Dan Gannon, J.D., M.A.

Life In ChristThe Fifth Commandment

Tonight … 2258 - 2330

Life In Christ

Fifth Commandment

“You shall not kill.”

Agenda

Last time … Second Third Fourth Commandments

Tonight 35-40 minutes small groups until 7:50 Focus on … key themes 8pm – 9pm lecture (2258 - 2330)

“You shall love the Lord your God with all your heart, soul and mind …” (Deut 6:5)

“You shall love neighbor as yourself…” (Lv 19:17)

This is MY commandment…Love one another as I have loved you.

… thou shalt not…

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You Shall Not Kill – Human Life Is Sacred

You shall not kill – Ex. 20:13; Deut 5:17

Magisterium: you shall not kill an innocent human being. (2261)

Life’s origins in the very life of God…

“Then God said: ‘Let us make man in our image, after our likeness…’”

“Then God said: ‘Let us make man in our image, after our likeness…’”

You Shall Not Kill – Human Life is SacredThe first murder …

… Cain slays Abel

"What have you done? The voice of your brother's blood is crying to me from the ground.” (Gen 4:10)

"What have you done? The voice of your brother's blood is crying to me from the ground.” (Gen 4:10)


"Do not slay the innocent and the righteous."

(Ex 23:7)

"Human life is sacred because from its beginning it involves the creative action of God and it remains for ever in a specialrelationship with the Creator, who is its sole end. God alone is theLord of life from its beginning until its end: no one can under anycircumstance claim for himself the right directly to destroy aninnocent human being.“ (2258); Donum Vitae

"Human life is sacred because from its beginning it involves the creative action of God and it remains for ever in a specialrelationship with the Creator, who is its sole end. God alone is theLord of life from its beginning until its end: no one can under anycircumstance claim for himself the right directly to destroy aninnocent human being.“ (2258); Donum Vitae


Jesus’ Law of Love …

“You have heard that it was said, ‘An eye for an eye and a tooth for a tooth.’But I say to you, offer no resistance to one who is evil. When someone strikes you on (your) right cheek, turn the other one to him as well. (Mt. 5:38)

“You have heard that it was said, ‘An eye for an eye and a tooth for a tooth.’But I say to you, offer no resistance to one who is evil. When someone strikes you on (your) right cheek, turn the other one to him as well. (Mt. 5:38)

“You have heard that it was said, ‘You shall love your neighbor and hate your enemy.’But I say to you, love your enemies, and pray for those who persecute you, that you may be children of your heavenly Father… if you love those who love you, what recompense will you have? Do not the tax collectors* do the same? … So be perfect,* just as your heavenly Father is perfect. (Mt. 5:43)

“You have heard that it was said, ‘You shall love your neighbor and hate your enemy.’But I say to you, love your enemies, and pray for those who persecute you, that you may be children of your heavenly Father… if you love those who love you, what recompense will you have? Do not the tax collectors* do the same? … So be perfect,* just as your heavenly Father is perfect. (Mt. 5:43)


Innocent Human Life -formal moral truth in SS, clarified by Sacred Tradition and constantly proclaimed by Magisterium:

**INFALLIBLE decree: “I confirm that the direct and voluntary killing of an innocent human being is always gravely immoral.”

(EV 57)

Murder = Intentional homicide


JP II - notes the inviolability of life flows from its sacredness as the gift and creative activity of God. (EV 5, 7)

“I came that they may have life …abundantly”

“Love one another”

“Life is always a GOOD” (EV 31)

“Life is always a GOOD” (EV 31)


“Culture of Death” – JP II “… presents recourse to

contraception, sterilization, abortion and even euthanasia as a mark of progress and a victory of freedom, while depicting as enemies of freedom and progress those positions which are unreservedly pro-life.” (EV 17)


Absolute sense of “individual freedom” are ROOTS of culture of death “productivity” the criterion of man’s value

“To claim the right to abortion, infanticide and euthanasia, and to recognize that right in law, means to attribute to human freedom a perverse and evil significance: that of an absolute power over others and against others. This is the death of true freedom…” EV


The Precious Blood of Christ … gives testimony to the dignity of every human person. (Cf. EV 25)

Abortion Is Murder

Didache (late first century) “You shall not kill and unborn child

or murder a newborn infant.. . the way of death is this … they kill their children and by abortion cause God’s creatures to perish.”

Tertullian (2nd c.) Councils, Popes St. Thomas

Abortion is Murder

Infallible Decree of John Paul II

INFALLIBLE decree: “I declare that direct abortion, that is, abortion willed as an end or as a means, always constitutes a grave moral disorder.” (EV 62)

This teaching is “unchanged and unchangeable” – Paul VI; (EV 62)

Abortion is Murder

“The human being is to be respected and treated as a person from the moment of conception” (DV I, 1; EV 60)

CDF Declaration on Abortion: “from time ovum is fertilized, a life is begun which is neither that of the father nor the mother; it is rather the life of a new human being.” (n.12)

CDF Declaration on Abortion: “from time ovum is fertilized, a life is begun which is neither that of the father nor the mother; it is rather the life of a new human being.” (n.12)

Abortion is Murder

Direct purpose is the cure of “proportionately serious pathological condition of a pregnant woman are permitted when they cannot be safely postponed until unborn child is viable, even if they will result in the death of the unborn child.” (NCCB Ethical and Religious Directives, 1994, n. 47)

Direct purpose is the cure of “proportionately serious pathological condition of a pregnant woman are permitted when they cannot be safely postponed until unborn child is viable, even if they will result in the death of the unborn child.” (NCCB Ethical and Religious Directives, 1994, n. 47)

Indirect” Abortion – “double effect” is different case; e.g. removal of cancerous uterus with unborn or ectopic pregnancy. Intent is not for direct abortion. So this has different moral object and really is not abortion at all.

Legitimate Defense 2263-7

Legitimate defense of innocent persons is not an exception to murder… Murder is intentional killing. It’s moral

object is to take innocent human life. Self-defense – (or of 3rd person)

Moral object is different from murder … i.e. Protecting innocent life!

Preservation of innocent life “not only a right but a grave duty” (2265)

Preservation of innocent life “not only a right but a grave duty” (2265)


Love toward oneself remains a fundamental principle of morality.

Therefore it is legitimate to insist on

respect for one's own right to life. Someone who defends his life is not guilty of murder even if he is forced to deal his aggressor a lethal blow

Principle of “double effect”


Death Penalty Legitimate authority has right to

inflict proportionate punishment Traditional teaching of the Church

does not exclude recourse to the death penalty, if this is the only possible way of effectively defending human lives against the unjust aggressor. (2267)


Death Penalty – John Paul II …[the state] rendering one who has

committed an offense incapable of doing harm - without definitively taking away from him the possibility of redeeming himself…

…the cases in which the execution of the offender is an absolute necessity "are very rare, if not practically non-existent." (EV 56)


Death Penalty – John Paul II Quotes Genesis and God’s response to

Cain’s act of murder to illustrate the Church’s mind on the death penalty:

“And yet God, who is always merciful even when he punishes, "put a mark on Cain, lest any who came upon him should kill him" (Gen 4:15). He thus gave him a distinctive sign, not to condemn him to the hatred of others, but to protect and defend him from those wishing to kill him, even out of a desire to avenge Abel's death. Not even a murderer loses his personal dignity…” EV, 10

“And yet God, who is always merciful even when he punishes, "put a mark on Cain, lest any who came upon him should kill him" (Gen 4:15). He thus gave him a distinctive sign, not to condemn him to the hatred of others, but to protect and defend him from those wishing to kill him, even out of a desire to avenge Abel's death. Not even a murderer loses his personal dignity…” EV, 10

A Word on Contraception …

Roots of Abortion in Contraception Contraception says “no” to human life Treats persons as OBJECTS Separation of life from love; truth from love Abuse of freedom – viewed like abortion as

legitimate expression of individual freedom. Contraception is a portal for “Culture of

Death” Abortion is the contraceptive mentality

brought to its logical end.

Euthanasia 2276 - 2279

No one can arbitrarily choose whether to live or die; the absolute master of such a decision is the Creator alone. EV 47

“Human life finds itself most vulnerable when it enters the world and when it leaves the realm of time to embark upon eternity. The word of God frequently repeats the call to show care and respect, above all where life is undermined by sickness and old age.” n. 44

What is needed at end of life is love!


The temptation grows to have recourse to euthanasia, that is, to take control of death and bring it about before its time, "gently" ending one's own life or the life of others.

In reality, what might seem logical and humane, when looked at more closely is seen to be senseless and inhumane.

Euthanasia in the strict sense is understood to be an action or omission which of itself and by intention causes death, with the purpose of eliminating all suffering. EV 65


Euthanasia arises from a “culture of death”, using criteria of efficiency, productivity … to judge the “value” of human life.

Materialism, relativism – assumes no absolute truth; one’s own subjective intent

“I confirm that euthanasia is a grave violation of the law of God since it is the deliberate and morally unacceptable killing of a human person.” “Depending on the circumstances, this practice involves the malice proper to suicide or murder.” (EV 65)

Ordinary vs. Extraordinary

Ordinary vs. Extraordinary Treatments: calculated in relation to patient’s real condition and

actual circumstances. Ordinary = “proportionate”. Extraordinary = “optional”.

ALL are morally obligated to use ordinary / proportionate means of preserving life.

Confusion tends to arise around omissions and what is obligatory vs. optional.

Ordinary Care Obligatory

Nutrition and Hydration must be provided.

Note: “ordinary care” always includes food, water, bed-rest, room temperature and personal hygiene.

“The administration of water and food, even when provided by artificial means, always represents a natural means of preserving life, not a medical act.” JP II – 2004

Ordinary Care: Nutrition & Hydration

“Hydration and nutrition are not morally obligatory when either: they bring no comfort to a person who is

imminently dying or they cannot be assimilated by a person's body.

” (aspiration, pneumonia, infections, etc.)

There should be a presumption in favor of providing nutrition and hydration to all patients, including patients who require medically assisted nutrition and hydration, as long as this is of sufficient benefit to outweigh the burdens involved to the patient.

ERD 58

(ERD V, intro)

Extraordinary Means

Extraordinary means of preserving life are optional and legitimate to refuse. Ceased to benefit or become burdensome

It needs to be determined whether the means of treatment available are objectively proportionate to the prospects for improvement. Physician judges and patient decides

To forego extraordinary or disproportionate means is not the equivalent of suicide or euthanasia; it rather expresses acceptance of the human condition in the face of death. EV 65

CCC – Omissions of Treatment Discontinuing medical procedures that are

burdensome, dangerous, extraordinary, or disproportionate to the expected outcome can be legitimate; it is the refusal of "over-zealous" treatment. E.g. some cancer treatments, procedures Here one does not will to cause death; one's

inability to impede it is merely accepted.

Omission of ordinary means is euthanasia; but omission of extraordinary means is not euthanasia. Cf. ERD 56

CCC 2278

Ordinary Care Persistent to End

Even if death is thought imminent, the ordinary care owed to a sick person cannot be legitimately interrupted.

CCC 2279

In sum, we must care for basic, life sustaining needs of food and water and not omit or do anything that causes death. Ordinary care is interrupted only to give way to natural death caused by something other than lack of nutrition and hydration.

Use of Pain Medication

The use of painkillers to alleviate the sufferings of the dying, even at the risk of shortening their days, can be morally in conformity with human dignity if death is not willed as an end… but only foreseen and tolerated as inevitable.

However, Pius XII: "It is not right to deprive the dying person of consciousness without a serious reason.“ Careful to consider: Moral duties, family

obligations, anointing, etc.

Persistent “Vegetative” State

I reaffirm strongly that the intrinsic value and personal dignity of every human being do not change, no matter what the concrete circumstances of his or her life. A person, even if seriously ill or disabled in the exercise of his highest functions, is and always will be a person, and he will never become a "vegetable" or an "animal".

JP II 2004

Persistent “Vegetative” State The evaluation of probabilities, founded on waning

hopes for recovery when the vegetative state is prolonged… cannot ethically justify the cessation or interruption of minimal care for the patient, including nutrition and hydration.

Death by starvation or dehydration is, in fact, the

only possible outcome as a result of their withdrawal.

In this sense it ends up becoming, if done knowingly

and willingly, true and proper euthanasia by omission.

JP II 2004 n.4

Persistent Vegetative State

No evaluation of costs can outweigh the value of the fundamental good which we are trying to protect, that of human life.

“Quality of life” considerations reduce dignity of person to external qualities and introduces discriminatory and eugenic standards.

JP II 2004

The fact that someone is in a state of unconsciousness and is not expected to recover is not a reason for depriving that person of food and water.

Catholic Health Care Directive

What is a living will? Is it different from a CHCD? Most living will forms will not be consistent with Catholic

teaching. Tends to be euthanasia associated term. Cannot easily “prognosticate” what you really would or

would not want – living will tends to do this. Advance directive language ensures Catholic teaching

is observed – keep it general. Catholic hospital will observe Church teaching

Depending on age and condition: your desires and “proportionate treatment” change!

Catholic Health Care Directive HCD’s are limited in their flexibility Durable Power of Attorney – your

chosen agent to make decisions. Recommended because you cannot

anticipate the future scenario. Should understand Catholic teaching,

survive you, and know your moral beliefs.

Keep your directives general and not focused on specific medical procedures.

NCBC

Practical Advice

Whenever a recommendation is made not to provide food and water, one question to ask is: “What will be the cause of death?”

Another question to ask is whether the dying process has begun. If death is imminent, the provision of artificial nutrition and hydration is often not necessary.

NCBC

Safeguarding Peace 2302 – 2317

We are bound to avoid war as a last resort Anger is desire for revenge and must be

shunned. Hatred contrary to charity. However …

"as long as the danger of war persists … governments cannot be denied the right of lawful self-defense, once all peace efforts have failed.“ (2308)

"as long as the danger of war persists … governments cannot be denied the right of lawful self-defense, once all peace efforts have failed.“ (2308)

Conditions for Waging Just War

Just purpose / cause and the damage inflicted by the aggressor must be lasting, grave, and certain

All other means of putting an end to it must have been shown to be impractical or ineffective (i.e. last resort)

There must be serious prospects of success; The use of arms must not produce evils and

disorders graver than the evil to be eliminated. The power of modern means of destruction weighs very heavily in evaluating this condition. (2309)

Safeguarding Peace

“Blessed are the Peacemakers, for they shall be called sons of God” (Mt. 5:9)

Suggested Reading …

Servais Pinckaers, O.P. The Sources of Christian Ethics (The Catholic University of America Press, Washington, D.C.), 1995.

Michael Dauphinais, Knowing the Love of Christ (University of Notre Dame Press, Notre Dame, Indiana), 2002.

Dom Hubert Van Zeller, The Inner Search (Sheed and Ward, New York), 1957.

Evangelium Vitae (Gospel of Life) – John Paul II

[email protected]

deacon dan gannon, j.d., m.a. life in christ the fifth commandment

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