epikeia

We must now consider "epikeia," under which head there are two points of inquiry:

Summa Theologica, Part II-II (Secunda Secundae) Translated by Fathers of the English Dominican Province Aquinas Thomas

This is the result of a long-standing habit of criticism of authority and over-emphasis of the principle of epikeia.

On Groupthink and False Obedience 2009

Greeks insisted on the virtue of epikeia, whereby it is reasoned that the law is too general to cover every particular case and that therefore there are valid exceptions which epikeia discovers.

Death, Legal and Illegal 1974

Obj. 3: Further, it seems that _epikeia_ is the same as modesty.

Summa Theologica, Part II-II (Secunda Secundae) Translated by Fathers of the English Dominican Province Aquinas Thomas

Yet _epikeia_ does away with another virtue, since it sets aside that which is just according to law, and seemingly is opposed to severity.

Summa Theologica, Part II-II (Secunda Secundae) Translated by Fathers of the English Dominican Province Aquinas Thomas

Wherefore it is evident that _epikeia_ is a subjective part of justice; and justice is predicated of it with priority to being predicated of legal justice, since legal justice is subject to the direction of _epikeia.

Summa Theologica, Part II-II (Secunda Secundae) Translated by Fathers of the English Dominican Province Aquinas Thomas

But seemingly _epikeia_ pronounces judgment on the law, when it deems that the law should not be observed in some particular case.

Summa Theologica, Part II-II (Secunda Secundae) Translated by Fathers of the English Dominican Province Aquinas Thomas

This is the object of _epikeia_ which we call equity.

Summa Theologica, Part II-II (Secunda Secundae) Translated by Fathers of the English Dominican Province Aquinas Thomas

Objection 1: It seems that _epikeia_ is not a virtue.

Summa Theologica, Part II-II (Secunda Secundae) Translated by Fathers of the English Dominican Province Aquinas Thomas

Reply Obj. 3: It belongs to _epikeia_ to moderate something, namely, the observance of the letter of the law.

Summa Theologica, Part II-II (Secunda Secundae) Translated by Fathers of the English Dominican Province Aquinas Thomas