EPIKEIA Meaning and
Definition
-
Epikeia is a term derived from Greek philosophy and ethics, referring to a moral principle that allows for flexibility and a just interpretation of the law in certain exceptional cases. It is often associated with the concept of equity or fairness in legal and moral reasoning.
In its essence, epikeia involves the application of a higher moral reasoning to a situation where the strict adherence to the letter of the law may lead to an unjust outcome. It recognizes that laws are created to promote justice and the common good, and therefore, in exceptional circumstances, the law should be interpreted flexibly and justly.
Epikeia implies a departure from strict legalism and a focus on the intent and spirit of the law. It encourages an ethical judgment that reaches beyond the rigid boundaries of written rules and regulations, taking into account the specific circumstances and context of the situation at hand.
This concept has been widely discussed in fields such as moral philosophy, legal theory, and theological ethics. It finds relevance in cases where a strict application of the law would lead to absurd or unjust results, and allows for a morally informed judgment that upholds principles of fairness and humanity.
Overall, epikeia represents a principle of practical reason and moral judgment that seeks to balance the strict application of the law with moral considerations, emphasizing fairness and justice in exceptional circumstances.
Etymology of EPIKEIA
The term "epikeia" originates from the Greek language. It comes from the Greek word "επιείκεια" (epieikeia), which can be broken down into two parts: "epi" (ἐπί), meaning "upon" or "in addition to", and "eikeia" (εἰκεία), meaning "likelihood" or "similarity". When combined, "epieikeia" roughly translates to "equity" or "fairness".
In ancient Greek philosophy and legal contexts, "epikeia" referred to a principle of moral interpretation that allowed for exceptions to strict legal rules and statutes when it was necessary to achieve a fair or just outcome. It was seen as a form of common sense reasoning that would take into account the unique circumstances of a situation and apply practical wisdom to avoid injustice.
