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172 Law & Just. - Christian L. Rev. 27 (2014)
Canonical Equity in the Latin Church and Economy in the Orthodox Church: An Equivalent Relaxation or Essentially Different System

handle is hein.journals/ljusclr172 and id is 29 raw text is: CANONICAL EQUITY IN THE LATIN CHURCH AND ECONOMY IN THE ORTHODOX CHURCH: AN EQUIVALENT RELAXATION OR ESSENTIALLY DIFFERENT SYSTEM? MERYL DICKINSON Abstract: A recognised feature of valid laws is that they must be clear concise and understandable. One ofthe main resulting problems is that laws are interpreted strictly and this can lead to harsh judgements. The clearest example of this can be seen in cases ofstrict liability whereby no mitigating factors can be taken into consideration.' In order to counter this a number of devices have developed over the years in order to take account of mitigating factors should the individual circumstances of the case require it. These devices now appear in a number of legal systems, and ecclesiastical law is no exception. References to the doctrine of equity, dispensation and necessity are rife within the Canon law of a number of churches and these are used to allow for the relaxation of legal rules should circumstances require. What is equally evident is that although such rules exist within these churches, the precepts that they are based on, sources where they drawn from, and names are always slightly different. What is intended in the following article is to draw upon two of these devices, Canonical equity in the Latin Church and the Orthodox use of economy, in order to discover if they are, in modern times, equivalent devices or if there is a greater distinction embedded through their religious development and guidance for their use. Why the need for relaxation When laws are made, they are made for a purpose. Legal systems themselves are based around purposive aims and encourage certain behaviour. Even when a law is considered outdated the general intention behind the law is generally still prevalent. There are also ways and means by which laws develop their own identity through interpretation and importantly what a legislator cannot do is tell the

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