A Topic of Moral Theology
Epikeia
Interpretation improperly so called: the correction of a law in a case its words did not foresee, when the letter is presumed not to bind — and the caution it requires.
The works themselves ask 10 questions under this heading — see them together with their answers.
Also asked about as…
epieikeia · exception to the law · spirit of the law (ed.)
In the index as Equity (epieikeia) · Law (Lex) · Interpretation · Epikeia, broadly and strictly so called · Promulgation of law · Declaration · Faculties of reading or permitting prohibited books · Rules · Promulgation · Counsel · Gnome · Laws · Master of the Sacred Palace · Necessity · Precept · Strict · Usual · Words · Adolescent · Apostolic See · Authentic · Belgium · Books of theology · Cardinals
In the manuals
Read the manuals side by side → — each work's whole treatment in its own column
Summa of Moral Theology (Summa Theologiae Moralis)
Noldin, Summa of Moral Theology, On the Principles of Moral…, Book Third. On Laws, Question Sixth. On the Interpretation of Law and Epikeia., nn. 157, 158, 159 & 160 (4 passages — hover a number to read it)
A Manual of Moral Theology for English-Speaking Countries
Vol. I, Bk. III, Chapter VII. The Interpretation of Law, n. 2 — Many rules are given by canonists for the doctrinal interpretation of law. The following are the most important for our purpose in moral theology: (a) The words of the law must be taken in their obvious and natural meani… Read in context →
Manual of Moral Theology (Manuale Theologiae Moralis)
Vol. I, Bk. I, Tr. II, Diss. II, Pt. I, Sect. III, Ch. I, Art. VI, § II. On Interpretation Improperly So Called, or Epikeia, nn. 142, 143 & 144 (3 passages — hover a number to read it)
Moral Theology: A Complete Course (McHugh & Callan)
Vol. I, Pt. I, Q. III, Art. 3. The Positive Divin…, The Law of the New Testament, n. 358 — Interpretation of the Law of Christ.-(a) Private interpretation (epieikeia or equity) is used in extraordinary cases, not foreseen by the lawgiver, and it declares that a particular case does not fall under the Law. This… Read in context →
Vol. I, Pt. I, Q. III, Art. 4. Human Law, Interpretation of Law, n. 385 — Interpretation. Interpretation.—Though laws are carefully framed as to language, doubts about their meaning will often arise—in ordinary cases, because of lack of understanding or changes of conditions, and in extraordinary cases, becau… Read in context →
Vol. I, Pt. I, Q. III, Art. 4. Human Law, Epieikeia, nn. 411, 412, 413, 414, 415, 416 & 417 (7 passages — hover a number to read it)
Vol. I, Pt. I, Q. III, Art. 5. Ecclesiastical Law, Cessation of Law, n. 503 — The inconvenience caused to individuals from the fact that a law does not serve its purpose in a case before them, does not always justify the use of epieikeia. (a) If the observance of the law would be detrimental to th… Read in context →
Vol. II, Pt. II, Q. II, Art. 5. The Quasi-integral…, The Potential Parts of Justice, n. 2144 — Epieikeia. Epieikeia.—The above-mentioned potential parts of justice are adjuncts of particular justice. There remains one more virtue to be noted, that of epieikeia or equity, which pertains to legal justice. This is a subjective … Read in context →
Vol. II, Pt. II, Q. II, Art. 6. The Remaining Pote…, Equity, nn. 2430, 2431 & 2432 (3 passages — hover a number to read it)
Institutions of Moral Theology (Institutiones Theologiae Moralis)
Vol. I, On Laws, I. On the Nature of Law, n. 179 — What is epikeia? - Epikeia is brought back to interpretation, which is a benign but equitable interpretation of law, by which a universal law, or when it speaks universally, is judged not to extend itself to such a parti… Read in context →
Vol. II, Appendix, On Epicheia, nn. ¶1–¶17 (17 passages)
Compendium of Moral Theology of Fr. John Peter Gury, S.J., with the Notes of Antonio Ballerini, S.J.
Vol. I, Treatise On Laws, Part One. On Laws in General, Ch. VI, § II. On Epikeia (Epieikeia), n. 113 (3 passages — hover a number to read it)
Synopsis of Moral and Pastoral Theology
Vol. II, Fundamental Moral Theology…, On Laws, nn. 307 & 308 (2 passages — hover a number to read it)
On the Prohibition and Censorship of Books (De prohibitione et censura librorum)
Tit. I, Ch. IX, Article 23, n. 95 — Universal necessity of having a faculty 95. 1. Since the article permits only those to read or retain proscribed books who have obtained a legitimate faculty, it makes the same faculty universally necessary. From this ne… Read in context →
Theologia Moralis: Principles — Responses — Counsels
Vol. I, Tr. III, Chapter X: The Diminished Character of Law, nn. 230, 231, 232, 233 & 234 (5 passages — hover a number to read it)
Manuale Theologiae Moralis
Vol. I, Pt. I, Tr. III, Ch. II, Article II. On the Divine Natural Law, n. 156 — 156. Even epikeia properly so called cannot be employed in the natural law, because epikeia is a benign interpretation of law according to the mind of the legislator, where the law fails. Therefore where there is no defi… Read in context →
Vol. I, Pt. I, Tr. III, Ch. III, Art. VII, § 2. On Epikeia, nn. 231, 232 & 233 (3 passages — hover a number to read it)
Vol. II, Tr. XI, Sect. II, Q. III, Namely, Gratitude, Vindication, Affability, Liberality, and Epikeia, Article V. On Epikeia or Equity, nn. 617, 618 & 619 (3 passages — hover a number to read it)
Institutiones Morales Alphonsianae
Vol. I, Part First: On the First P…, Tr. II, Diss. II, Ch. III, Article II: On Epikeia, nn. ¶173 & ¶174 (2 passages — hover a number to read it)
Theologia Moralis Sancti Alphonsi: Reduced into a Compendium
Vol. I, TREATISE ON LAWS, FIRST PART: ON LAWS IN GEN…, Ch. VI, § II. On Epikeia (Ἐπιείκεια), n. ¶146 — 146. - Epikeia is a benign, but equitable, interpretation of law, by which the law is not judged to extend itself to some case, although not excepted in the words of the law, since it is prudently believed either that th… Read in context →
Summa Theologiae Moralis
Vol. I, General Moral Theology, Treatise: On Laws in General, Section B: On the Laws Whi…, Fourth Part: On Human and …, Second Question: On the Po…, Article IV: On the Fulfillment and Interpretation of Human Law, nn. ¶1, 293, 294, 295, 296 & 297 (20 passages — hover a number to read it)
Vol. II, Special Moral Theology: On…, Treatise: On the Cardinal …, Fifth Part: On the Virtues…, Section F: On Other Habits…, Question Five: On Equity, nn. ¶1, 890, 891, 892 & 893 (16 passages — hover a number to read it)
Compendium of Moral Theology
Vol. I, Tr. III, Pt. I, Chapter IX. On the Interpretation of Law and Epikeia, nn. 94, 95, 96, 97 & 97, Q. 2 (5 passages — hover a number to read it)
Palladium Theologicum, Tome V: On the Virtues
Tr. IV, Disputation XIII: On the O…, Sect. V, Friendship, Liberality, Epikeia, and the Opposed V…, Question V: On epikeia, nn. 1, 2, 3 & 4 (4 passages — hover a number to read it)
Treated under the broader heading Law — Bucceroni, Moral Enchiridion · Bucceroni, Moral Enchiridion (4th ed., 1905) · Bucceroni, Cases of Conscience · Koch–Preuss · Billuart, Summa Summae · Slater, Cases I · Coppens, Moral Philosophy · 1917 Code of Canon Law · Decretum of Gratian — these works do not divide the matter as finely as we do here, so their treatment stands one heading up (ed.)