The death penalty is much in the news of late.  In the US, a grisly milestone was reached (I am personally against the death penalty): 1000 people have been executed since its re-establishment in 1977.  And in Singapore the sad case of Nguyen Tuong Van  has attracted international  attention.   The convergence of these two events lead me to the I Ching.

   I asked the oracle a very general question: what should we think of the death penalty in the world today?  And the response that came back was equally general, not completely ruling out the death penalty, but cautioning that its use should be carefully considered in light of broader public opinion.

     The specifics of the reading: Hexagram 26, "Enthusiasm," with pure yin lines in the first and third positions, moving in the direction of Hexagram 55, "Abundance."

     This is one of those less-than-completely clear responses.  At first glance we might mistakenly thing that the oracle is giving us a positive assessment of the death penalty.  Both hexagrams have images of well ordered societies.  But when we look more closely we see that the I Ching is telling us that the death penalty should only be used sparingly and under certain circumstances.

    "Enthusiasm" involves political leadership.  Its prescription for what a good leader does is this:

The time of Enthusiasm derives from the fact that there is at hand an eminent man who is in sympathy with the spirit of the people and acts in accord with it.  Hence he finds universal and willing obedience.  To arouse enthusiasm it is necessary for a man to adjust himself and his ordinances to the character of those whom he has to lead.  The inviolability of natural laws rests on this principle of movement along the line of least resistance.

    While this passage does not directly address the death penalty, it reminded me of this excerpt from Mencius that does:

When your attendants all say someone deserves death, don’t listen.  When your high ministers all say someone deserves death, don’t listen.  When everyone in the country says someone deserves death, investigate thoroughly.  If you find that he does indeed deserve death, put him to death.  Then it will be said "The entire country put him to death." (32)

    Mencius seems to be echoing the I Ching sentiment of acting in sympathy with "the spirit of the people."  And notice the care with which Mencius proceeds: even when the people might agree with a death sentence, the leader should still investigate and determine if circumstances warrant.

     Back to the I Ching: the particular reading at hand has two moving lines, both of which suggest that if leadership (i.e. "enthusiasm") is not practiced in the proper manner, than misfortune and remorse could follow.  For this particular question, this could mean that if decisions about the death penalty are not in keeping with popular perceptions about specific cases, it could be wrong to execute someone.

    As to the hexagram toward which the question is tending, "Abundance," there is an explicit mention of punishments:

Both thunder and lightening come:
The image of Abundance.
Thus the superior man decides lawsuits
And carries out punishments.

   This strikes me as a somewhat odd hexagram, with a Legalist tone to it.  It mentions the "strict and precise carrying out of punishments."  I suppose this could mean that, when circumstances warrant (and I would emphasize this conditionality) then a wise ruler will carefully assess the facts and be comfortable with the justice of capital punishment. 

   But what does this suggest for the current moment?  I think the I Ching‘s emphasis on being in tune with social attitudes is important here.  There is evidence, both in the US and in Singapore (see the general coverage at Singabloodypore as well), that social attitudes on the death penalty are changing.  In both places people are voicing their discomfort with capital punishment.  In Singapore, this may not rise to the level of a majority, but I do not believe the I Ching/Mencian sensibility quoted above requires that a majority be against the death penalty.  As Mencius says, if "everyone in the country" supports death in a particular case, then it can be considered.  This would imply that if "some" people – i.e. a significant minority – disapprove, then it is probably the wrong thing. 

    At this point in time, the I Ching is suggesting to us that we should reserve the death penalty for only the most terrible crimes.  Nguyen Tuong Van’s transgression would not rise to this level; the many, many cases in the US might include some justifiable death penalties, but it is  likely that a good number of those on death row should be commuted to life sentences.