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Objection 1: It would seem that the rulers of the people cannot
dispense from human laws. For the law is established for the "common
weal," as Isidore says (Etym. v, 21). But the common good
should not be set aside for the private convenience of an individual:
because, as the Philosopher says (Ethic. i, 2), "the good of
the nation is more godlike than the good of one man." Therefore it
seems that a man should not be dispensed from acting in compliance with
the general law.
Objection 2: Further, those who are placed over others are
commanded as follows (Dt. 1:17): "You shall hear the little
as well as the great; neither shall you respect any man's person,
because it is the judgment of God." But to allow one man to do that
which is equally forbidden to all, seems to be respect of persons.
Therefore the rulers of a community cannot grant such dispensations,
since this is against a precept of the Divine law.
Objection 3: Further, human law, in order to be just, should
accord with the natural and Divine laws: else it would not "foster
religion," nor be "helpful to discipline," which is requisite to
the nature of law, as laid down by Isidore (Etym. v, 3). But
no man can dispense from the Divine and natural laws. Neither,
therefore, can he dispense from the human law.
On the contrary, The Apostle says (1 Cor. 9:17): "A
dispensation is committed to me."
I answer that, Dispensation, properly speaking, denotes a measuring
out to individuals of some common goods: thus the head of a household
is called a dispenser, because to each member of the household he
distributes work and necessaries of life in due weight and measure.
Accordingly in every community a man is said to dispense, from the
very fact that he directs how some general precept is to be fulfilled by
each individual. Now it happens at times that a precept, which is
conducive to the common weal as a general rule, is not good for a
particular individual, or in some particular case, either because it
would hinder some greater good, or because it would be the occasion of
some evil, as explained above (Question 96, Article 6). But
it would be dangerous to leave this to the discretion of each
individual, except perhaps by reason of an evident and sudden
emergency, as stated above (Question 96, Article 6).
Consequently he who is placed over a community is empowered to dispense
in a human law that rests upon his authority, so that, when the law
fails in its application to persons or circumstances, he may allow the
precept of the law not to be observed. If however he grant this
permission without any such reason, and of his mere will, he will be
an unfaithful or an imprudent dispenser: unfaithful, if he has not the
common good in view; imprudent, if he ignores the reasons for granting
dispensations. Hence Our Lord says (Lk. 12:42): "Who,
thinkest thou, is the faithful and wise dispenser, whom his lord
setteth over his family?"
Reply to Objection 1: When a person is dispensed from observing the
general law, this should not be done to the prejudice of, but with the
intention of benefiting, the common good.
Reply to Objection 2: It is not respect of persons if unequal
measures are served out to those who are themselves unequal. Wherefore
when the condition of any person requires that he should reasonably
receive special treatment, it is not respect of persons if he be the
object of special favor.
Reply to Objection 3: Natural law, so far as it contains general
precepts, which never fail, does not allow of dispensations. In
other precepts, however, which are as conclusions of the general
precepts, man sometimes grants a dispensation: for instance, that a
loan should not be paid back to the betrayer of his country, or
something similar. But to the Divine law each man stands as a private
person to the public law to which he is subject. Wherefore just as
none can dispense from public human law, except the man from whom the
law derives its authority, or his delegate; so, in the precepts of
the Divine law, which are from God, none can dispense but God, or
the man to whom He may give special power for that purpose.
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