Do the Teachings of Aquinas on "Necessity Knows No Law” or "Case of Necessity" apply to the Francis Crisis?
Nuremberg Code Article 1:
1. The voluntary consent of the human subject is absolutely essential. This means that the person involved should have legal capacity to give consent; should be so situated as to be able to exercise free power of choice, without the intervention of any element of force, fraud, deceit, duress, overreaching, or other ulterior form of constraint or coercion; and should have sufficient knowledge and comprehension of the elements of the subject matter involved as to enable him to make an understanding and enlightened decision. This latter element requires that before the acceptance of an affirmative decision by the experimental subject there should be made known to him the nature, duration, and purpose of the experiment; the method and means by which it is to be conducted; all inconveniences and hazards reasonably to be expected; and the effects upon his health or person which may possibly come from his participation in the experiment.
The duty and responsibility for ascertaining the quality of the consent rests upon each individual who initiates, directs, or engages in the experiment. It is a personal duty and responsibility which may not be delegated to another with impunity.
Go back and read that again, and JUST. THINK. ABOUT. IT. - Catholic Pundit Ann Barnhardt [https://www.barnhardt.biz/2022/02/06/from-the-what-is-it-going-to-take-files-ed-pentin-calls-out-antipope-bergoglio-as-complicit-in-crimes-against-humanity/]
mRNA inventor stands with Abp. Viganò’s call for alliance against ‘fundamentally evil’ COVID tyranny
In a 2020 interview with Ed Pentin published at the National Catholic Register, Raymond Leo Cardinal Burke went into greater detail than before, regarding the mysterious disappearance of the promised “formal correction” upon which so many had pinned their hopes.
Why has no group of Cardinals challenged the openly heretical, openly abusive, and questionably legitimate Bergoglio? Pentin and a growing number of faithful demand to know. The stance adopted by His Eminence, if reported accurately by the utterly reliable Pentin is to be believed, is positively mind-boggling for an attitude which can only be characterized as elective futility.
Two reasons, apparently: one, that throughout the history of the Church, only groups and not individuals like himself have approached an errant Pope in this way, and secondly, that he himself, Raymond Leo Cardinal Burke, is not “the savior of the Church.”
They did what they could, in other words, and what they could not do they did not attempt. They had not the position nor the numbers to make any real difference--or so they judged, regarding as meaningless or (far worse) as misguided any gesture through which the less prudent might be tempted to catch sight of a glimmer of the one real fault a person can commit in their sight; namely, heroism itself. Theirs is a colorless cosmos in the last analysis, these calculating moderns. It isn’t as though Henry Q. wasn’t a good man, in his heart. It’s just that the term “good German” has come to mean something very evil indeed. The ones who “suffered and acted within the limits of the possible” were, of course, those who collaborated in the National Socialist program of the destruction of life devoid of value—in the euthanasia program which led up to the Holocaust, in other words, and generally speaking in the Holocaust itself.
Anyone who has read through the transcripts of the Nuremberg Trials is very familiar with the particular excuse which Cardinal Burke has so staggeringly, so stereotypically proffered. War criminal after war criminal advert to it repeatedly throughout the transcripts—how they were only “doing their duty,” how nothing else was to be attempted against a system so omnipotent and perverse. The same mentality crops up in our own culture when someone proclaims, always hollowly, “It’s above my pay grade!” Another form of the stance of assumed powerlessness is the “Catholic” politician who rather conveniently claims to be “personally opposed to abortion, but . . . “
(In Lifton, Robert Jay. The Nazi Doctors: Medical Killing and the Psychology of Genocide (New York: Basic, 1986), p. 238.)
Scholar Michael Davies said that "Archbishop [Marcel] Lefebvre has been compared rightly to St.Athanasius":
He is the Athanasius of our times. Like St.Athanasius and like St. Eusebius of Samosata, he went into the dioceses of bishops who were not acting as good shepherds, to give the people the instruction, the sacramental grace, and the pastors that they needed. For one bishop to intrude into the diocese of another is a very serious matter. It can only be justified if there is a state of necessity. A state of emergency, urgency, or necessity occurs in the Church when its continuation, order, or activity are threatened or harmed in an important way, and the emergency cannot be overcome by observing the normal positive laws. The emergency would relate principally to teaching, the liturgy, and ecclesiastical discipline. An interesting reference to such a situation occurs in a study of the Church's divine constitution by Dom Adrien Grea, OSB, in his examination of the extraordinary powers of the episcopate:
"In the fourth century St. Eusebius of Samosata traveled thorough Eastern dioceses devastated by the Arians and ordained orthodox pastors for them, without having particular jurisdiction over them. These are evidently extraordinary actions, as were the Circumstances that gave rise to them." [http://www.catholicapologetics.info/apologetics/defense/sdavies.htm]
Wikipedia explains that Archbishop Lefebvre's "Operation Survival" was "due to necessity":
Lefebvre argued that his actions had been necessary because the traditional form of the Catholic faith and sacraments would become extinct without Traditionalist clergy to pass them on to the next generation. He called the ordinations "opération survie" ("Operation Survival"), citing in his defense canons 1323 and 1324 of the 1917 Code of Canon Law, the first of which says that "a person who acted coerced by grave fear, even if only relatively grave, or due to necessity or grave inconvenience unless the act is intrinsically evil or tends to the harm of souls" is not subject to penalty for violating a law or precept, while the other says "the perpetrator of a violation is not exempt from a penalty, but the penalty established by law or precept must be tempered or a penance employed in its place if the delict was committed ... by a person who thought in culpable error that one of the circumstances mentioned in can. 1323, nn. 4 or 5 was present." [https://en.wikipedia.org/wiki/Society_of_Saint_Pius_X]
Scholars Alon Harel and Assaf Sharon show how St. Thomas Aquinas sees the "state of exception" or "Case of Necessity":
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]
Do the teachings of Aquinas on "necessity knows no law” or "case of necessity" apply to the Francis crisis?
Note: Part of this article is written by a Catholic Monitor contributor.