Catholic Treasury Network
Part Ia IIaeLawQuestion 97

Changes in Law

  1. Human laws are made by fallible man. They are therefore subject to change as men gain more experience and are thus enabled to frame laws that more and more consistently serve the general welfare. Further, there may arise in a society conditions which require new laws or alterations in existing laws.

  2. Yet frequent or sudden changes in human laws are to be avoided. To serve its purpose, law requires a certain permanence; a change is, in itself, usually prejudicial to the general welfare. Therefore, unless the good to be achieved by change is great enough to warrant the upheaval occasioned by the change itself, law is notto be altered.

  3. Human reason which puts laws into words of enactment may also express itself in deeds. And thus customs arise to serve the common good. Customs can come to have the force of law itself. Indeed, it is possible for custom to become so firmly and widely established that it supplantsexisting statute law. For the rest, custom is regularly the standard by which existing law is interpreted.

  4. It may be that a law which works generally for the common welfare is found, in certain cases, to inflict damage upon individuals. The person in charge of the society concerned may, in such instances, excuse the individuals from observing the law. The authoritative decree of excuse is called a dispensation from the law.

menu_book
Full Summa Text · I-II, Q. 97
Read the complete question at New Advent →