I regard the liceity of the death penalty as having been established with infallible certitude by the Church’s ordinary magisterium.
The ordinary magisterium, one must see, takes a long, long time, to develop; it requires repetition and consistency over many generations, this, not simply on the part of popes but also by the bishops around the world, and even incorporates, to some extent, the lived acceptance of teachings by Catholic pastors, academics, and rank-and-file faithful through time.
This however applies to the theologoumena of the Latins as well.
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