Section — Gury-Ballerini, Compendium of Moral Theology (8th ed., 1884)
§ II. On Epikeia (Epieikeia)
113.
- Epikeia is a benign, but equitable, interpretation of law, by which the law is not considered to extend itself to some case, although not excepted in the words of the law, since it is prudently believed that the legislator either did not foresee it or did not wish to comprehend it. Thus, for example, if a law prohibits carrying arms at night, I can carry them if I must go out and I am going to meet my enemy seeking me unto death.
113.
QUESTION. Whether Epikeia has place if the Superior can easily be questioned?
113.
I answer affirmatively, if observance of the law would bring detriment; otherwise in other cases. - St. Thomas, 2.2, q. 120, art. 1.