"When it is a question of the execution of a man condemned to death it is then reserved to the public power to deprive the condemned of the benefit of life, in expiation of his fault, when already, by his fault, he has dispossessed himself of the right to live."Pope Pius XII, 9/14/52.A word must be said on the full meaning of penalty. Most of the modern theories of penal law explain penalty and justify it in the final analysis as a means of protection, that is, defense of the community against criminal undertakings, and at the same time an attempt to bring the offender to observance of the law. In those theories, the penalty can include sanctions such as the diminution of some goods guaranteed by law, so as to teach the guilty to live honestly, but those theories fail to consider the expiation of the crime committed, which penalizes the violation of the law as the prime function of penalty(Address to Italian Catholic Jurists, May 12, 1954)A penalty is the reaction required by law and justice in response to a fault: penalty and fault are action and reaction. Order violated by a culpable act demands the reintegration and re-establishment of the disturbed equilibrium.(Pius XII Address to Italian Catholic Jurists, May 12, 1954)
Pope Pius XII (Italian:
Pio XII),
born Eugenio Maria Giuseppe Giovanni Pacelli (Italian
pronunciation: [euˈdʒɛːnjo maˈriːa dʒuˈzɛppe dʒoˈvanni paˈtʃɛlli]; 2 March 1876 –
9 October 1958), reigned as Pope from 2 March 1939 to his death in 1958. Before his election to the papacy, Pacelli served as
secretary of the Department of
Extraordinary Ecclesiastical Affairs, papal nuncio to Germany
(1917–1929), and Cardinal Secretary of State, in which
capacity he worked to conclude treaties with European and Latin American
nations, most notably the Reichskonkordat
with Nazi
Germany, with which most historians believe the Vatican sought to protect
the Church in Germany while Adolf Hitler sought the destruction of "political Catholicism". A pre-war
critic of Nazism, Pius XII lobbied world
leaders to avoid war and, as Pope at the outbreak of war, issued Summi Pontificatus, expressing dismay at the
invasion of Poland, reiterating Church teaching against racial persecution and
calling for love, compassion and charity to prevail over war.
While the Vatican was officially
neutral during the war, Pius XII maintained links to the German
Resistance, used diplomacy to aid the victims of the war and lobby for
peace and spoke out against race-based
murders and other atrocities. The Reichskonkordat of 1933 and Pius's
leadership of the Catholic Church during World War II remain the subject of
controversy—including allegations of public silence and inaction about the fate
of the Jews. After the war Pius XII advocated peace and reconciliation,
including lenient policies towards Axis
and Axis-satellite nations. The Church experienced severe
persecution and mass deportations of Catholic clergy in the Eastern
Bloc. Pius XII was a staunch opponent of Communism
and of the Italian Communist Party. Pius XII
explicitly invoked ex cathedra papal infallibility with the dogma of the Assumption of Mary in his 1950 Apostolic constitution Munificentissimus Deus. His magisterium
includes almost 1,000 addresses and radio broadcasts. His forty-one encyclicals include Mystici
corporis, the Church as the Body of Christ; Mediator
Dei on liturgy reform; and Humani
generis on the Church's positions on theology and evolution.
He eliminated the Italian majority in the College of Cardinals in 1946.
In 1954, Pius XII began to suffer from
ill health, which would continue until his death in 1958. The embalming of his
body was mishandled, with effects that were evident during the funeral. He was
buried in the Vatican grottos and was succeeded by Pope
John XXIII.
In the process toward sainthood, his
cause for canonization was opened on 18 November 1965 by Pope
Paul VI during the final session of the Second Vatican Council. He was made a Servant
of God by Pope John Paul II in 1990 and Pope
Benedict XVI declared Pius XII Venerable on
19 December 2009.
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