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Rickaby, Joseph , S. J., 1845-1932

"Moral Philosophy"


[Footnote 19: _Dispensatio_ is the Latin for [Greek: oikonomia], and
in this case means an "economy" of law, in the sense that God did not
press the marriage law beyond the capacity of the subject (Matt. xix.
7,8). See my Newman Index, s.v. _Economy_. The schoolmen missed this
meaning, and took _dispensatio_ in the canonical sense.]
But, for the author's final view, see Appendix.
_Readings_.--_Contra Gent_., iii., 124; Suarez, _De Legibus_, II.,
xv., 28.

SECTION III.--_Of the Indissolubility of Marriage_.

1. This section is pointed not so much against a _separation_--which
may take place by mutual consent, or without that, by grievous
infidelity or cruelty of one party--as against a divorce _a vinculo_,
which is a dissolution of a marriage in the lifetime of the parties,
enabling each of them validly and lawfully to contract with some
other. The unity of marriage is more essential than its
indissolubility. Nature is more against polygamy than against divorce.
Even Henry VIII. stuck at polygamy. In the present arrangement, a
divorce _a vinculo_ is obtainable in three cases.


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