Canon Law and Equity
Canon Law and Equity
Canon Law and Equity
A Tract Book
By
Anthony J. Fejfar
Ordinarily, Roman Catholics are bound by the Code of Canon Law. However,
there is at least one exception to this. The Code of Canon Law, following Divine
Law and Natural Law, has a provision which parallels Aristotle’s treatment of
Equity. This is done in the first instance by the Doctrine of Epikeia, and in the
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Epikeia is used where: “(a) the strict interpretation of the law would
Let us take, then, this example. Suppose that a person was stranded on a
desert island with some food and drink, including a box of soda crackers and a
bottle of grape juice. While Canon Law would ordinarily prohibit the use of grape
juice for the eucharist, and while Canon Law ordinarily requires that Mass be said
permitted to say Mass, as a priest, with the materials available. The lay person
would be entitled under Natural Law, Divine Law, and Canon Law, to make an
exception to the ordinary Canon Law rule so that the lay person would not be
canon law is to be tempered, so that the text may be prudently, even benignly
applied to concrete cases.” This equitable interpretation of law means that every
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Canon Law rule can be equitably interpreted so as to promote Divine Law and
Natural Law in the interests of justice. Thus, a priest could interpret canon law in
a particular situation to allow, the one hour fast before mass rule, to be relaxed for
a person who has just gotten of the night shift and needs to eat a snack before
Mass.
Bibliography