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Part IIa IIaePiety and ObservanceQuestion 120

Equity

  1. Equity, sometimes called by the Greek term epikeia, interprets the mind of the lawgiver as to the fact and extent of the law’s application in a particular case. Laws have to be general; they cannot express details of every possible case that may in any manner fall under their direction. Lawgivers have their mind and intention on what ordinarily happens. Therefore, in an extraordinary case, the law, which regularly works for good, may impose an evil. It is the part of prudence and justice to interpret the true meaning of the law as touching extraordinary individual cases, and to discover the spirit of the law when the letter is of dubious or evil application. Such interpreting and applying of law are done by epikeia or equity.

  2. Epikeia or equity is a virtue. It is a part of the virtue of justice.

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Full Summa Text · II-II, Q. 120
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