"However," he said, "Aquinas notes that in the case of necessity where action must be taken urgently in order to prevent the harm, 'the mere necessity brings with it a dispensation, since necessity knows no (human) law.'"
Olson offered Aquinas' example of a city whose ruler orders the city gates closed at a certain time, but an army of the city's defenders become stuck outside the gate with an enemy force in pursuit.
"Aquinas concludes that if the rightful authority can be reached in time to open the gates with his permission, it ought to be done," Olson said. "However, if there is danger in the delay caused by referring the matter, necessity itself allows the gates to be opened."
Olson said when it comes to the liturgy, there are "some aspects that are of divine law, and thus never subject to dispensation, such as the matter and form of a sacrament."
"Other aspects of the liturgy, however, are of human law, such as which readings are to be read, or the manner of reception of Communion," he said. "Although these human laws are written to protect the dignity and efficacy of the liturgy, they are able to be dispensed in cases of urgent necessity."
He added that there is precedent for such decisions.
"A stark example of liturgical laws being dispensed by necessity occurred in the concentration camps of WWII," Olson said. "Priests, such as St. Maximilian Kolbe, always observing the matter and form for the confection of the Eucharist, held extremely truncated Masses while imprisoned, only observing those rubrics that were possible in the situation."
Olson said that "provided that a true urgent necessity is present, a diocesan bishop can recognize that a human law, even if it is liturgical, or ordinarily reserved to a higher authority, has been dispensed."
But Bradley cautioned against presuming the ability to dispense with liturgical laws in the Church.
"It seems to me that the fact that the liturgical law is specifically reserved to the Apostolic See, except in limited cases defined by the law, means that changes to liturgical discipline and practice are not within the competence of the diocesan bishop unless the law prescribes such," Bradley said.
"Of course," Olson told CNA, "canonists will always present different opinions on how the law can be interpreted and applied, that's the job of lawyers. In the end, the final authority of interpretation lies with Rome, and it will be for Rome to intervene - or not - as they decide."
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