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jeff417
Guest
Can anyone explain for me the concept of epikeia and how it can be used? It seems like a free pass to go against any Canon Law that is inconvenient to your cause. Thanx.
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MarkThompson
Guest
Perhaps St. Thomas’s discussion may help you.
And it must be remembered that epikeia is a means for following the true intention of the lawgiver, which may be imperfectly expressed in a law that does not foresee all contingencies and possibilities. Epikeia is not a catchall justification for ignoring a law because it is “too hard” and you do not care for it, or because you just disagree with the lawgiver’s intention in the first place. If, for instance, the law itself expressly says “circumstance X notwithstanding,” then no amount of epikeia can get you past it under such a circumstance. Thus, for instance, when the law says “You must attend Mass on Sundays,” we assume that the lawgiver did not mean to place this burden on people who are too sick, and consequently by the principle of epikeia we conclude that the the law does not apply in their case. But if the law continued “… no matter how sick you may be,” then the principle would be inapplicable (and the law may be lousy, but that’s a different issue).
Edited to add: I should say, I suppose that epikeia may allow us to discount even a “sickness notwithstanding” clause in the event that someone had, say, extremely contagious ebola or something similar that was likely not foreseen by the lawgiver when writing such a clause.
And it must be remembered that epikeia is a means for following the true intention of the lawgiver, which may be imperfectly expressed in a law that does not foresee all contingencies and possibilities. Epikeia is not a catchall justification for ignoring a law because it is “too hard” and you do not care for it, or because you just disagree with the lawgiver’s intention in the first place. If, for instance, the law itself expressly says “circumstance X notwithstanding,” then no amount of epikeia can get you past it under such a circumstance. Thus, for instance, when the law says “You must attend Mass on Sundays,” we assume that the lawgiver did not mean to place this burden on people who are too sick, and consequently by the principle of epikeia we conclude that the the law does not apply in their case. But if the law continued “… no matter how sick you may be,” then the principle would be inapplicable (and the law may be lousy, but that’s a different issue).
Edited to add: I should say, I suppose that epikeia may allow us to discount even a “sickness notwithstanding” clause in the event that someone had, say, extremely contagious ebola or something similar that was likely not foreseen by the lawgiver when writing such a clause.
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Shin
Guest
If I recall correctly, I heard a priest once say that understanding epikeia was rare in these times because to apply it properly one requires a number of other solid virtues so as to be able to judge all of weight in the matter.
And that a common problem was people using a mistaken concept of it as an out and running with it, rather than applying it properly.
Let’s see in my notes, a shorthand reference to it described it as ‘knowing the mind of the legislator’. ‘The legislator says, close the doors at 9 to keep the marauders out, they come in at 8:30, you don’t close the doors at 9, you keep them out, you open the doors to get them out, that is what he meant. Too many people use epikeia to get out of things.’
And that a common problem was people using a mistaken concept of it as an out and running with it, rather than applying it properly.
Let’s see in my notes, a shorthand reference to it described it as ‘knowing the mind of the legislator’. ‘The legislator says, close the doors at 9 to keep the marauders out, they come in at 8:30, you don’t close the doors at 9, you keep them out, you open the doors to get them out, that is what he meant. Too many people use epikeia to get out of things.’
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Shin
Guest
I recall another priest once saying that Canon Law was made for the sake of the salvation of souls, and that Canon Law is our friend, rather than our enemy.
And so, do not be afraid of the law.
And so, do not be afraid of the law.
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MarkThompson
Guest
Exactly – the main ones being humility and obedience. The fundamental core of epikeia is not “How can I use this to get what I want?”, but “How do I use this to accomplish what he wanted?”
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jeff417
Guest
The people I am dealing with currently use the concept to justify administering the sacraments without jurisdiction. They claim that there is no one to give jurisdiction and since the salvation of souls demands it, epikeia provides for the needs of the faithful. 
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Diakonia
Guest
Regarding the Code of 1917, it is abrogated - so, not sure why you are worrying about it.The people I am dealing with currently use the concept to justify administering the sacraments without jurisdiction. They claim that there is no one to give jurisdiction and since the salvation of souls demands it, epikeia provides for the needs of the faithful.
There are only 2 bodies within the - broadly defined - Catholic and Orthodox Communions that claim there is no one to give jurisdiction - the Bezpopovtsi or Priestless Old Believers of the Russian Orthodox Church and sedevacantists. The Bezpopovtsi are, on the whole, devout, well-intended persons whose beliefs trace back through their, chiefly peasant, ancestors to a time of great upheaval in their ancestral Church. Sedevacantists are modern day extremists who do not have the excuse of being uneducated peasantry to fall back on as a rationale for believing the way they do.
Except that I rather suspect that, were you conversing with Bezpopovotsi, you would be aware and have mentioned it, I’d have bought the description you give as being remarkably close to that of certain Bezpopovtsi concords (sects).
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JosephW
Guest
A question came up in RCIA about giving communion to non-catholics and it was brought up that our priest has done this on occasion. I called him today and asked him and he said yes that he had at weddings and other occasions depending on the circumstances. He said that epikeia game him that latitude. Is this correct?
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jeff417
Guest
I believe your priest acted wrongly. There are very few exceptions where non-Catholics may receive communion, most of which deal with danger of death and an admission that the communicant believes as a Catholic with regards to the Eucharist. Even still, I think the priest should have permission from his bishop first.
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Joseph_LaMothe
Guest
Your priest is wrong and misrepresenting Greek Theology to get a pass.
We Latins tend to use Dispensations which are legal in concept. In this the law is taken away and does not apply.
Epikeia is a Greek idea having to do with the correct functioning of a family, the father can show mercy. In this the law remains but no punishment is taken.
Epikeia is something a Bishop might show. It is NOT a freebee for Priests to choose what cannon laws they will and will not follow.
We Latins tend to use Dispensations which are legal in concept. In this the law is taken away and does not apply.
Epikeia is a Greek idea having to do with the correct functioning of a family, the father can show mercy. In this the law remains but no punishment is taken.
Epikeia is something a Bishop might show. It is NOT a freebee for Priests to choose what cannon laws they will and will not follow.
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