Skip to main content

“Necessity Knows No Law” On Extreme Cases and Uncodifiable Necessities

“Necessity Knows No Law” On Extreme Cases and Uncodifiable Necessities  

Alon Harel and Assaf Sharon...

... In the Summa Theologica Aquinas addresses the case of necessity by focusing on the limits of legislation. Aquinas asserts that: The lawgiver cannot have in view every single case, he shapes the law according to what happens more frequently by directing his attention to the common good. Wherefore, if a case arises wherein the observance of that law would be hurtful to the general welfare, it should not be observed.11Furthermore, Aquinas recognizes that cases falling into this category are not “legislatable” and adds that:

 He who in a case of necessity acts besides the letter of the law does not judge of the law but of a particular case in which he sees that the letter of the law is not to be observed. 

 Last, Aquinas stresses that agents operating under these exceptional circumstances are not accountable to the law as in ordinary cases. In his view: “The mere necessity brings with it a dispensation, since necessity knows no law.” 11 St. Thomas Aquinas, Summa Theologica, Part II, 1st part, que. 96, art 6. See also II, II, que. 110 art.1. [https://www.law.utoronto.ca/documents/conferences2/Constitutionalism09-Harel.pdf]

https://www.law.utoronto.ca/documents/conferences2/Constitutionalism09-Harel.pdf 

Comments

Popular posts from this blog

Bioweapons Expert Dr. Francis Boyle On Coronavirus

March 13, 2020              https://greatgameindia.com/transcript-bioweapons-expert-dr-francis-boyle-on-coronavirus/ : A recent interview with Bioweapons expert Dr. Francis Boyle published by GreatGameIndia and conducted by Geopolitics & Empire , has been exploding across the world the past few days as the truth is emerging on the origins of the Coronavirus Bioweapon . Francis Boyle is a professor of international law at the University of Illinois College of Law. He drafted the U.S. domestic implementing legislation for the Biological Weapons Convention, known as the Biological Weapons Anti-Terrorism Act of 1989, that was approved unanimously by both Houses of the U.S. Congress and signed into law by President George H.W. Bush... ... Dr. Francis Boyle:   All these BSL-4 labs are by United States, Europe, Russia, China, Israel are all there to research, develop, test biological warfare agents.  There’s really no legitimate scientific reas

Meme: "No wonder the young people in America are so confused"

  Terrence K. Williams @w_terrence · Jul 3 No wonder the young people in America are so confused [https://twitter.com/w_terrence/status/1543695376321892352/photo/1]

Former advisor to Sec. of Defense, Col. Douglas MacGregor: "the next phase of the Ukrainian War will not only destroy the Ukrainian state. It will also demolish the last vestiges of the postwar liberal order"

Macgregor appears to cite intel sources for his numbers and timetable—and I assume he really does have good sources. He says the offensive will happen “not sooner than 12/10 and not later than 12/19.” It will involve something like 540,000 troops with 1,500 tanks, thousands of other armored vehicles, huge numbers of helicopters, fixed wing aircraft, and bombers. These are numbers he says that have been confirmed by US intel. - Mark Wauck [https://meaninginhistory.substack.com/p/doug-macgregors-timetable-and-scale?utm_source=post-email-title&publication_id=473679&post_id=89073832&isFreemail=true&utm_medium=email] Modern Diplomacy reports that  "Douglas Macgregor , Col. (ret.), who was the former advisor to the Secretary of Defense in the Trump administration" says that  "the next phase of the Ukrainian War will not only destroy the Ukrainian state. It will also demolish the last vestiges of the postwar liberal order": The Biden administration repeated