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.
Noonan, John T. Jr.
"Masked Men: Person and Persona in the Giving of Justice,"
University of Dayton Review: Vol. 12:
1, Article 5.
Available at: https://ecommons.udayton.edu/udr/vol12/iss1/5