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

Vox Cantoris vs. Aqua

The Catholic Monitor commenter Aqua had this to say to the Vox Cantoris website: Aqua said… Fred, your topic here reminds me of a dust-up, a few days ago, on Vox Cantoris. He asserted that it is our duty as Christians to wear masks to the Holy Sacrifice of the Mass if the government tells us we must, or they will close our Churches. My response to him was that I find it inconceivable that an orthodox Catholic, such as himself, would ever submit to unjust dictates from secular government over how we approach Our Lord in Holy Mass. My response to him was that the Mass belongs to Catholics and we decide, within the bounds of Tradition, and in accord with the Word of Jesus, how we conduct ourselves in Holy Mass. Only one authority prevails over Mass and that is our God and the Sacred Tradition given by Him to guide us in all times and places. Understand, there is nothing inherently wrong with wearing a mask to Mass. But there is EVERYTHING wrong with wearing a symbol

Inventor of mRNA Vaccines, Robert W. Malone MD: "'Archbishop Carlo Maria Viganò is calling for the creation of an Anti-Globalist Alliance 'under the Cross of Our Lord Jesus Christ, the only King and Savior,' to fight back against the establishment of the New World Order'"

T his is what the inventor of mRNA vaccines, Robert W. Malone MD himself, reported about the vaccines: Robert W Malone, MD @RWMaloneMD "We conclude that the mRNA vacs dramatically increase inflammation on the endothelium and T cell infiltration of cardiac muscle and may account for the observations of increased thrombosis, cardiomyopathy, and other vascular events following vaccination." [https://mobile.twitter.com/RWMaloneMD/status/1462194727407730693]   Moreover, he goes even further and is quoting Archbishop Carlo Maria Viganò's call for the creation of an Anti-Globalist Alliance:   Robert W Malone, MD @RWMaloneMD "Archbishop Carlo Maria Viganò is calling for the creation of an Anti-Globalist Alliance “under the Cross of Our Lord Jesus Christ, the only King and Savior,” to fight back against the establishment of the New World Order." youtube.com Abp. Viganò calls for Anti-Globalist Alliance to stop global enslav... Archbishop Carlo Maria Viganò is calli

"The West Does Not Understand the Extreme Danger from Its Arming of Ukraine The Idiot Biden Regime and Insane Neoconservatives Have the World on the Path to Armegeddon"

Paul Craig Roberts wrote: How Many More Red Lines Can Be Crossed Before Armageddon Arrives? Paul Craig Roberts The Organization for Security and Co-operation in Europe published on April 15, 2016, more than six years ago, a report on the torture of Donbass Russians by the Ukrainian military and police forces.   The report documents horrendous torture and it was done out of racial hatred of Russians. You can read the report here:   https://www.osce.org/files/f/documents/e/7/233896.pdf     Few Westerners, being so poorly educated, are aware that Western Ukraine fought for Nazi Germany during World War II.   When Washington overthrew the Ukrainian government in 2014, Washington installed a Nazi government. The Nazi government in Ukraine shelled the Russian residents of the two break-away Donbass republics for 8 years while Washington and NATO trained and equipped a Ukrainian army to retake the breakaway republics. .. ... These statements from Russian leaders indicate that the I