Carrascal, Estipona, Pazcoguin, Perez, Vallarta – 2OTA
PRINCIPLE OF EPIKEIA Definition -
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Epikeia. n. The principle in ethics that a law can be broken to achieve a greater goo. !easonable Ancient "reek
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Presente b# Aristotle Aristotle
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E$plaine an retaine b# %t. Tho&as A'uinas in %u&&a Theologica
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()t was not possible to la# own rules o* law that woul appl# to ever# single case. +egislators atten to what co&&onl# happens, although i* the law be applie to certain cases it will *rustrate the e'ualit# o* ustice an be inurious to the co&&on goo, which the law has in view.-
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%t. Tho&as teaches in the %u&&a that epikeia o e'uit# is part o* the virtue o* ustice. e escribes the use o* epikeia as * ollows/ ()t was not possible to la# own rules o* law that woul appl# to ever# single case. +egislators0 atten to what co&&onl# happens, although i* the law be applie to certain cases cases it will *rustrate the e'ualit# e'ualit# o* ustice an be be inurious to the co&&on co&&on goo, which the law has in view.view.- 1%t. Tho&as then goes on to give the e$a&ples o* application in the use o* epikeia, such as a &a&an who has eposite his swor with another an wishes to reee& it to o har&, or *ight against his countr#. )n another place, %t. Tho&as cites the e$a&ple o* citizens *leeing *ro& an ene&#. The gates o* the cit# are orere locke b# the authorities, but the use o* epikeia e&ans that the# be opene *or the wel*are o* these citizens. ()n these an like cases it is ba to *ollow the law, an it is goo to set asie the letter o* the law, an to *ollow the ictates o* ustice an the co&&on goo. This is the obect o* epikeia which we call e'uit#. There*ore There*ore it is evient that epikeia is a virtue.- owever, (Epikeia oes not set asie that which is ust in itsel*, but that which is ust b# law establishe.- 1(%u&&a Theologica,- Pt. ))3)), 4. 526 , Art. 5 %ource/ http/77betra#ecatholics.co&7wpc& http/77betra#ecatholics.co&7wpc&s7articles7a3catholi s7articles7a3catholics3course3o*3stu# cs3course3o*3stu#7canon3law7the3 7canon3law7the3 origin3an3use3o*3epikeia3links7
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Originall# *or the interpretation o* legal conceptions o* the Ancient "reek
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E$tene to hu&an ustice in iniviual cases, an cul&inate in an inepenent virtue o* natural law be#on &ere urisiction
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8uilt on the principles o* hu&an rights an ignit# o* &an
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Auste to the iniviual conscience
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Epikeia there*ore/ 5. Appl Applie iess onl# onl# to to posi positi tive ve law law 2. )ts use &ust &ust involve involve soðin soðing g posing posing a suen risk risk that nees nees i&&eiat i&&eiatee re&e#
Carrascal, Estipona, Pazcoguin, Perez, Vallarta – 2OTA
9. Certain li&its are i&pose upon its use a. )n cases o* oubt, it &ust not be use. )nstea, one &ust accoring to the letter o* the law an consult proper authorit# b. )t cannot be applie to incapacitating an invaliating law, or irritant laws, whose universal observance is e&ane b# the co&&on goo. c. cannot be applie to laws originating *ro& the :ivine law . %houl be appeale onl# in absolute necessit# ;. )t &ust there*ore be use with great pruence <. "reat care shoul be taken to avoi acting out o* sel*3interest or against the co&&on goo =. abitual an general use o* epikeia is an obvious abuse •
Applications/ - A &other presu&es that she &a# &iss >ass on %una# when there is no one present to care *or her bab#. - A octor eciing to tell the conition o* the patient to his *a&il# even though the patient o not wish to.
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Another e$a&ple/ - A wi*e co&es to #ou an sa#s that her &arriage is *alling apart. %he an her husban have trie an trie, but their &arriage is, accoring to her, be#on hope. The# *ight continuall# in *ront o* the kis. The# bring out the worst in each other. The &arriage has change both o* the& into bitter, unhapp# people. Their kis are su**ering greatl# ue to their unhappiness an seeing a terrible e$a&ple o* &arriage. )t is a sin to get a ivorce. owever, the attitues that the# continuall# bring out in each other are terribl# sin*ul as well. ?ot to &ention that the# are hurting the kis. @hich is the greater evil @hich is the greater goo %OB!CE/ http/77www.reclai&ingthe&in.org7blog7265576<7oes3go3approve3o*3greater3 goo3theolog#7
