FREE BOOKS

Author's List




PREV.   NEXT  
|<   147   148   149   150   151   152   153   154   155   156   157   158   159   160   161   162   163   164   165   166   167   168   169   170   171  
172   173   174   175   176   177   178   179   180   181   182   183   184   185   186   187   188   189   190   191   192   193   194   195   196   >>   >|  
], economy, i.e. divine or religious systems, as in the Jewish, Mosaic, Christian dispensations. Dispensation in law is, strictly speaking, the suspension by competent authority of general rules of law in particular cases. Its object is to modify the hardships often arising from the rigorous application of general laws to particular cases, and its essence is to preserve the law by suspending its operation, i.e. making it non-existent, in such cases. It follows, then, that dispensation, in its strict sense, is anticipative, i.e. it does not absolve from the consequences of a legal obligation already contracted, but avoids a breach of the law by suspending the obligation to conform to it, e.g. a dispensation or licence to marry within the prohibited degrees, or to hold benefices in plurality. The term is, however, frequently used of the power claimed and exercised by the supreme legislative authority of altering or abrogating in particular cases conditions established under the existing law and of releasing individuals from obligations incurred under it, e.g. dispensations granted by the pope _ex plenitudine potestatis_ from the obligation of celibacy, from religious and other vows, from _matrimonium ratum_, _non consummatum_, &c. 1. _Ecclesiastical Law._--In the theory of the canon law the dispensing power is the corollary of the legislative, the authority that makes laws, and no other, having power to suspend them. It follows that the law of nature (_jus naturae_) and _a fortiori_ the law of God (_jus divinum_) are not subject to dispensation of any earthly authority, and that it is only the disciplinary laws made by the Church that the Church is empowered to suspend or to abrogate. Thus, not even the pope could grant a dispensation for a marriage between persons related in the direct line of ascent or descent, e.g. father and daughter, or between brother and sister, while dispensations are granted for marriages within other prohibited degrees, e.g. uncle and niece. The dispensing power, like the legislative authority, was formerly invested in general councils and even in provincial synods; but in the West, with the gradual centralization of authority at Rome, it became ultimately vested in the pope as the supreme lawgiver of the Church. Subject, however, to the supreme jurisdiction of the pope, the power of dispensation continued to reside in the other organs of the Church in exact proportion to their legislative ca
PREV.   NEXT  
|<   147   148   149   150   151   152   153   154   155   156   157   158   159   160   161   162   163   164   165   166   167   168   169   170   171  
172   173   174   175   176   177   178   179   180   181   182   183   184   185   186   187   188   189   190   191   192   193   194   195   196   >>   >|  



Top keywords:

authority

 

dispensation

 

legislative

 

Church

 
obligation
 
supreme
 

dispensations

 

general

 

dispensing

 

religious


suspending

 

prohibited

 

granted

 

suspend

 

degrees

 

marriage

 

abrogate

 
subject
 

nature

 

corollary


naturae
 
fortiori
 

disciplinary

 

earthly

 

divinum

 

empowered

 

marriages

 
ultimately
 

vested

 

centralization


gradual

 
lawgiver
 

Subject

 
proportion
 

organs

 

jurisdiction

 
continued
 
reside
 

synods

 

provincial


father

 

daughter

 

brother

 

descent

 

ascent

 

related

 
direct
 

sister

 
invested
 

councils