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
405. In order that the reason for a dispensation be sufficient, it is
not required that it be so grave as to constitute a physical or moral
impossibility of keeping the law, since the obligation of the law
ceases in the face of impossibility (see 317, 487), without the need of
dispensation. Hence, lesser reasons suffice for dispensation.
406. A dispensation must be granted whenever the law itself or justice
requires it. The following cases are usually given: (a) when there
exists a reason that requires, according to law, that a dispensation be
granted; (b) when the common good, or the spiritual good of an
individual, or his protection from some considerable evil, demands the
concession of a dispensation.
407. A dispensation may be either granted or denied, when the case does
not demand it and the superior after careful investigation is not
certain whether the reason is sufficient or insufficient; otherwise, a
greater responsibility would rest on the superior than the law can be
thought to impose--viz., that of attaining certainty where it cannot
easily be had.
408. He who dispenses without a sufficient reason is guilty of the sin
of favoritism, and is responsible for the discontent and quarrels that
result. He is guilty of grave sin thus: (a) if serious scandal or other
inconvenience is caused, even when the dispenser is the lawgiver
himself; (b) if the law obliges under grave sin and the dispensation is
not granted by the lawgiver, but by an inferior who usurps the right to
dispense.
409. The subject of dispensation is guilty of sin: (a) if he asks a
dispensation when he knows for certain that there is no sufficient
reason for it; (b) if, having been denied a dispensation, even though
unjustly, he acts against the law; or if he knowingly makes use of an
invalid or expired dispensation.
410. Sufficient reasons for a dispensation can be reduced to two
classes: (a) private welfare (e.g., the difficulty of the law for the
petitioner, a notable benefit he will receive through the dispensation,
etc.); (b) public welfare (e.g., the benefits that are secured to the
community, or the evils that are avoided through the dispensation).
411. _Epieikeia_.--Since human laws regulate particular and contingent
cases according to what usually happens, and since they must therefore
be expressed in general terms, exceptional cases will occur that fall
under the law, if we consider only the general wording of its text, but
that do not fall under the law, if we consider the purpose of the
lawgiver, who never foresaw the exceptional cases and would have made
different provision for them, had he foreseen them. In such exceptional
cases legalism insists on blind obedience to the law-books, but the
higher justice of _epieikeia_ or equity calls for obedience to the
lawgiver himself as intending the common welfare and fair treatment of
the rights of each person.
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