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Abstract

May a judge without moral guilt condemn to death a person he knows to be innocent of the crime for which he is condemned? May an executioner without moral guilt put to death a person he knows to be innocent? The answer of St. Thomas Aquinas to both of these serious moral questions is a qualified “Yes.” I propose to examine his answer, its relation to his view of the person, and the relation of his answer to modern Thomistic personalism.

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