On the duty of curial institutions – and other authoritative instances – to apply the law with canonical equity

Abstract

The The Const. Ap. Praedicate Evangelium introduces two references to the duty of curial institutions to apply law with canonical equity. This article explores the meaning of this provision, re-presenting the classical doctrine of equity, elaborated by legists and canonists and enriched by the reflections of St. Thomas Aquinas. The aequum is apprehended by the attentive gaze of a conscientia a iure informata. Equity prompts the legal practitioner to consider whatever can help him formulate a judgment adequate to the juridical reality.