Whether the Rulers of the People Can Dispense from Human Laws?
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.
Obj. 2: Further, those who are placed over others are commanded as
follows (Deut. 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.
Obj. 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 (Q. 96, A. 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
(Q. 96, A. 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 (Luke 12:42): "Who, thinkest thou,
is the faithful and wise dispenser [Douay: steward], whom his lord
setteth over his family?"
Reply Obj. 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 Obj. 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 Obj. 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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