Kant on Capital Punishment

Justice demands capital punishment in certain cases, and it doesn't matter what it costs, or whether there is any benefit to society, or even whether there is any society to benefit. Recall Kant's last man scenario from Metaphysics of Morals, Part II (emphasis added):

[6] But whoever has committed murder, must die. There is, in this case, no juridical substitute or surrogate, that can be given or taken for the satisfaction of justice. There is no likeness or proportion between life, however painful, and death; and therefore there is no equality between the crime of murder and the retaliation of it but what is judicially accomplished by the execution of the criminal. His death, however, must be kept free from all maltreatment that would make the humanity suffering in his person loathsome or abominable. Even if a civil society resolved to dissolve itself with the consent of all its members–as might be supposed in the case of a people inhabiting an island resolving to separate and scatter themselves throughout the whole world–the last murderer lying in prison ought to be executed before the resolution was carried out. This ought to be done in order that every one may realize the desert of his deeds, and that blood-guiltiness may not remain upon the people; for otherwise they might all be regarded as participators in the murder as a public violation of justice.

Kant's view in this passage is that capital punishment of murderers is not just morally permissible, but morally obligatory. (Note that whatever is morally obligatory is morally permissible, though not conversely, and that 'morally justified' just means 'morally permissible.')

Here is an interesting question. The U. S Constitution grants a near-plenary power of pardon to the president. (Here I go again, alliterating.) Does this extend to convicted mass murderers such as Timothy McVeigh? If yes, then Kant would not be pleased. The president would be violating the demands of retributive justice! This of course is a secular analog of the old theological problem of justice and mercy.

Memo to self: bone up on this!  See what Carl Schmitt has to say about it specifically. Cf. his Political Theology: Four Chapters on the Concept of Sovereignty, University of Chicago Press, 1985, p. 56:

All significant concepts of the modern theory of the state are secularized theological concepts not only because of their historical development—in which they were transferred from theology to the theory of the state, whereby, for example, the omnipotent God became the omnipotent lawgiver—but also because of their systematic structure, the recognition of which is necessary for a sociological consideration of these concepts. The exception in jurisprudence is analogous to the miracle in theology. 

Identity Politics as a Deformation of Christianity

This First Things article by Joshua Mitchell is well worth reading. Excerpts:

Marxism could never take hold in America because Americans believed in private property. Because property is the cornerstone of our republic, and cannot be removed, Marxism failed. Postmodernism could never really take hold in America because Americans believe that history has a meaning—and even that America has a special place in history. The reason identity politics has taken hold is because Americans suffer deep and abiding guilt, from two main sources: Christianity itself, and the legacy of slavery in this country. What the left could not do through Marxism or postmodernism, it now is doing through identity politics—namely, undermining every institution and every venerable historical memory in America.

[. . .]

Donald Trump was someone who, literally, could not exist in the world identity politics constructs. That is why the left needed “Russian collusion” to explain his election in 2016. Russian collusion was the deus ex machina that made it possible for Trump to infiltrate their world. The left had to destroy Trump if identity politics was to continue its reign of perverted righteousness. Many of us saw that clearly. That is why we voted for him. We wanted to contribute to the end of its reign.

[. . .]

Identity politics is a profound deformation of Christianity, a ghastly and crippled derivative that seeks the redemption of the world through the scapegoating of one group by another. For the moment, it has in its sights heterosexual white males. It will not stop there. White women will be next; followed, I suggest, by “heteronormative” black men. Like all revolutionary movements, it will eventually come for its early proponents, in a final reign of terror.

How does the current terror end? The identity politics reign of righteousness will end when we return to the orthodox Christian understanding that only the divine scapegoat, Christ, can take away the sins of the world. That insight once transformed the world. It can do so again.

There is a competing view of how we got into the present identity-political mess, and what the solution is. On this alternative Right view, to which I do not subscribe, it is not a deformation of Christianity that lead us to the present pass, but Christianity itself. I now hand off to Matthew Rose:

There is no better introduction to alt-right theory than his [Alain de Benoist's] 1981 work On Being a Pagan. Its tone is serene, but its message is militant. Benoist argues that the West must choose between two warring visions of human life: biblical monotheism and paganism. Benoist is a modern-day Celsus. Like his second-century predecessor, he writes to reawaken Europeans to their ancient faith. Paganism’s central claim is simple: that the world is holy and eternal. “Far from desacralizing the world,” Benoist tells us, paganism “sacralizes it in the literal sense of the word, since it regards the world as sacred.” Paganism is also a humanism. It recognizes man, the highest expression of nature, as the sole measure of the divine. God does not therefore create men; men make gods, which “exist” as ideal models that their creators strive to equal. “Man shares in the divine every time he surpasses himself,” Benoist writes, “every time he attains the boundaries of his best and strongest aspects.”

Benoist’s case against Christianity is that it forbids the expression of this “Faustian” vitality. It does so by placing the ultimate source of truth outside of humanity, in an otherworldly realm to which we must be subservient. In his Church Dogmatics, Karl Barth notoriously described Christian revelation as the “abolition” of natural religion. Benoist is a Barthian, if selectively. He accuses Christianity of crippling our most noble impulses. Christianity makes us strangers in our own skin, conning us into distrusting our strongest intuitions. We naturally respect beauty, health, and power, Benoist observes, but Christianity teaches us to revere the deformed, sick, and weak instead. “Paganism does not reproach Christianity for defending the weak,” he explains. “It reproaches [Christianity] for exalting them in their weakness and viewing it as a sign of their election and their title to glory.”

Benoist’s theology is in the service of a political warning, and it is this, more than his Nietzschean posturing, that attracts the alt-right. Christianity is unable to protect European peoples and their cultures. Under Christianity, the West lives under a kind of double imprisonment. It exists under the power of a foreign religion and an alien deity. Christianity is not our religion. It thereby foments “nihilism.” The allegation is explosive. Benoist means that Christianity renders Western culture morally lethargic and culturally defenseless. Most perniciously, its universalism poisons our attachments to particular loyalties and ties. “If all men are brothers,” Benoist claims, “then no one can truly be a brother.” Politics depends on the recognition of both outsiders and enemies, yet the Christian Church sees all people as potential members, indeed potential saints.

And here we reach Benoist’s remarkable conclusion. The decadent West has never been more Christian. Christianity imparted to our culture an ethics that has mutated into what the alt-right calls “pathological altruism.” Its self-distrust, concern for victims, and fear of excluding outsiders—such values swindle Western peoples out of a preferential love for their own. Benoist’s ideas have reached the margins of American conservatism, perhaps no more noticeably than in the writings of the late Sam Francis. A former contributor to leading conservative publications, his thinking took a late turn toward what we would now call the alt-right. “Christianity today is the enemy of the West and the race that created it,” he announced in an influential 2001 article. Francis’s essay was a lament as much as a protest (he was received into the Church on his deathbed), but his work is receiving a new hearing.

 

Divine Simplicity and Incarnation

This from a reader:

Jordan Daniel Wood . . . affirms that God does not have possibilities within himself to actualize and thus the Incarnation—God becoming a human being—must in some way [be] actual prior to its historical event; God does not become a human being but in some way already is a human being . . . .

Very interesting.

The simple God is actus purus. Purely actual, he embodies no unrealized powers or unactualized potentialities.  He is, eternally, all that he can be.  We think of the Incarnation, however, as a contingent event.  In the patois of 'possible worlds':  The triune God exists in all metaphysically possible worlds, but the Second Person of the Trinity becomes human in only some of them. The following argument suggests itself:

1) The Word became flesh and dwellt among us.

2) The Word's becoming flesh is a contingent event.

3) There is no contingency and no becoming in any of the three divine persons: the Word cannot become flesh, that is, assume human nature.

Therefore

4) The Word (Logos, Second Person) had a divine and human nature from all eternity.

How could a classical Christian trinitarian theist rebut this argument? (Part of being a classical Christian theist is accepting the divine simplicity.)