More on the Death Penalty

Mike Schutt offers this follow-up to my prior post on the death penalty and our creation in the image of God:.

"1. I do understand the point on the alteration in the way we read the OT; yet, it is clear that God is saying that murderers, at least *then*, where to be put to death because human beings are created in the image of God (again, Gen. 9:6).  Unless anthropology has changed, the imago Dei is still the reason it was instituted in the first place, I think. 

"2. So, the question is, I guess, how do we find out the *now*?  The Gen 9 passage is not part of the Mosaic law that is so difficult to interpret and apply in light of Christ's death and resurrection.  Yet even the Sermon on the Mount (a portion of which you quote in the eye for an eye passage) points not to a relaxation of the OT Mosaic law, but a *higher* standard for meeting the demands of God (for salvation).  It speaks nothing to the civil law, other than to say it is not God's standard, perfection is, and it does not advocate abolishing the civil laws, though of course Christ's death does change much of the Mosaic covenant.  Do you know of an argument or position  that addresses the Noahic covenant or the death penalty in light of the NT?  I am not acquainted with arguments regarding treatment of this particular passage or a theological position that would say that the Noahide passages are no longer ap plicable.

"3.  To the contrary, Romans 13 speaks of the civil ruler "not bearing the sword in vain" as God's "instrument of wrath."  In the face of lack of contrary evidence regarding Genesis 9, I don't see an imago Dei argument. 

"4.  I would like to explore the possibility that the incarnation may change how we act upon human beings created in the image of God, and the possibility that the Incarnation fundamentally alters the OT approach.  I'm not sure it can work, given the explicitness of the passage, but I do understand what you're saying.

"I am not saying that I don't understand the prudential and administrative arguments for abolishment or moratorium-- I'm just trying to get a clear picture of the basis of the imago Dei position and the Catholic theological approach to the Genesis and Romans passages."

Any reactions to Mike's observations?