Moral Theology: A Complete Course Based on St. Thomas Aquinas and the Best Modern AuthoritiesCallan, Charles J. (Charles Jerome)
Religion
Moral Theology: A Complete Course Based on St. Thomas Aquinas and the Best Modern Authorities
Callan, Charles J. (Charles Jerome)
Christian ethics -- Catholic authors
401. Dispensation.--Human law has not the immutability of the Divine
Law. Hence, not only may it be changed, but it may also be dispensed.
Dispensation is a relaxation of the positive law made for a particular
case by him who has the competent authority.
(a) It is a relaxation of the law--that is, it takes away the
obligation of the law. Thus, it differs from permission, which is
fulfillment of what is conditionally allowed by the law.
(b) Dispensation is made for a particular case--that is, it is granted
when the provisions of the law, though beneficial to the community as a
whole, are not suitable for a particular person or case. Thus, it
differs, first, from abrogation and derogation, which remove the
obligation of the whole or a part of the law for the entire community;
and, secondly, from privilege, which is granted permanently as a
private law.
(c) Dispensation is given by competent authority--that is, by the
legislator or others who have the lawful power. Thus, it differs from
_epieikeia_ and private interpretation, which are made by those who
have no power to dispense.
(d) Dispensation is a relaxation of the positive law, for since the
Natural Law is immutable (see 305), no dispensation can be given from
its requirements. Thus, dispensation differs from the official
declaration or interpretation of the Natural or Divine Law (see 315).
402. Those who have the power to dispense from a law are the lawgiver
and others duly authorized. (a) The lawgiver himself can dispense as
follows: in his own laws, since he was able to make them; in the laws
of his predecessors, since his authority is equal to theirs; in the
laws of his inferiors, since they are his subordinates. (b) Others can
dispense who have received from the law, from their superior, or from
custom the necessary authority to dispense.
403. Those Who May Be Dispensed from a Law.--(a) Since dispensation is
an act of jurisdiction, only those can be dispensed who are in some way
subject to the dispenser. Since, however, the jurisdiction used in
dispensing does not impose an obligation but grants a favor, it is held
that he who has the power to dispense others may also dispense himself,
if his power is not restricted. (b) Since dispensation is an act of
authority, it may be exercised even in favor of one who is absent, or
ignorant of the dispensation or unwilling to accept it. But, since as a
rule favors should not be forced, the validity of a dispensation
generally depends upon the consent of the one dispensed.
404. The power of dispensing has for its end the common good, and
therefore it must be exercised: (a) faith fully, that is, not for
reasons of private interest or friendship; (b) prudently, that is with
knowledge of the case and with judgment that there are sufficient
reasons for dispensation.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account