Whether "epikeia" [*{epieikeia}] is a virtue?

❌ Objection 1 : It seems that "epikeia" is not a virtue. For no virtue does away with another virtue. Yet "epikeia" does away with another virtue, since it sets aside that which is just according to law, and seemingly is opposed to severity. Therefore "epikeia" is not a virtue.

❌ Objection 2 : Further, Augustine says (De Vera Relig. xxxi): "With regard to these earthly laws, although men pass judgment on them when they make them, yet, when once they are made and established, the judge must pronounce judgment not on them but according to them." But seemingly "epikeia" pronounces judgment on the law, when it deems that the law should not be observed in some particular case. Therefore "epikeia" is a vice rather than a virtue.

❌ Objection 3 : Further, apparently it belongs to "epikeia" to consider the intention of the lawgiver, as the Philosopher states (Ethic. v, 10). But it belongs to the sovereign alone to interpret the intention of the lawgiver, wherefore the Emperor says in the Codex of Laws and Constitutions, under Law i: "It is fitting and lawful that We alone should interpret between equity and law." Therefore the act of "epikeia" is unlawful: and consequently "epikeia" is not a virtue.