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Q.
Dear Father Angelo,
My name is M., I am 27 and I would like to try for the competitive examination for the judiciary. The other day a friend of mine asked me if I did not find a conflict between my wish and Jesus’ words in the gospel “do not judge”, and similarly even between having to inflict punishment on the guilty, and the call to mercy and forgiveness. I am referring in particular to God’s behavior toward Cain, who was protected by Him even after the murder of his brother Abel. What do you think about it? Is there really a conflict regarding mercy for a Christian who would like to become a judge, an officer of the law? How should a believer behave when he or she must fulfil civic responsibilities?
Thank you.
A.
Dear M.,
1. No, there is no conflict between being a judge and the Gospel’s requirements.
It is true that in the work “The Apostolic Tradition” by St. Hippolytus, dated back to the III century AD, the Christians were asked not to work as soldiers or chief magistrate, the one who decides over life or death, in order to avoid condemning people to the death penalty (see The Apostolic Tradition, n. 16).
However, it is also true that in that period, another Christian writer, Tertulliano, affirmed, “it is a good thing that the guilty are punished” (De Spectaculis, Ch. 19).
2. Thank goodness, at least in our society, we do not have to deal with the death penalty anymore. That is, beyond any doubt, the most severe judgment a judge can deliver.
So I could tell you to stick to the rule of St. Ambrose, who praised the magistrate who out of clemency turned capital punishment into a prison sentence: “I know that most pagans consider themselves honored to have brought back from their administration in the provinces an unbloody axe: what then should Christians do?” (Letters, n. 25, 8).
Bringing up the example of Jesus who did not condemn the adulteress to stoning, he says, “You have an example to imitate” (Ib.).
St. Ambrose before being Bishop of Milan had been a magistrate and lieutenant of the Emperor.
Well, in passing sentences, you too can manifest at the same time the demands of reparation with those of Christian meekness.
3. On the other side, punishing crimes is fundamental.
This is demanded by both the necessity of the conversion of the offender, the prevention of the crimes themselves, and the order of society, which requires reparation for the evil done to the detriment of its members, the guarantee of social peace.
Preventing and punishing crimes is a social duty.
It is a great and unavoidable service.
For a Christian, it is also an act of mercy towards the neighbor.
4. The gospel precept of not judging should not be read as looking the other way, like turning a blind eye in front of evil.
If that were the case, we would be conniving with the evil and, therefore, culpable.
Here is how St Thomas comments on the Lord’s words: “The Lord’s is the judgment and He has entrusted to us to judge concerning outward things, while He has reserved for Himself to judge concerning inward things.” (Commentary on the Gospel of St.Matthew, 7, 1).
5. For example, teachers must evaluate if students understood their subject. It is their duty.
In the same way, the proper authorities must test others, judging their knowledge and capacity, before granting any license to practise.
This is true for every area.
Therefore, always remember the principle of St Thomas: “The Lord has entrusted to us the judgement on external things, while he has reserved to himself the judgement on internal things, that is, on the secret of the conscience.”
6. If the role of judge attracts you, embrace it.
The Lord shows His will also through the attraction of what is good.
I wish you well, I keep you in my prayers, and I bless you
Father Angelo
Translated by Rossella Roma