Legal Equity and Christian Epikeia in Canon 1752: Toward A Unified Doctrine of Benevolent Juridical Interpretation
- Aloy. Enemali
- DOI: 10.5281/zenodo.20258208
- ISA Journal of Arts, Humanities and Social Sciences (ISAJAHSS)
This article undertakes a comprehensive and synthetic analysis of the convergence between Christian Epikeia and Legal Equity within the Nigeria and International legal context, arguing that this convergence is not merely conceptual but structurally homologous with principles already operative within Nigeria’s Constitutional and Statutory legal order and within international human rights law. Taking Canon 1752 of the 1983 Code of Canon Law, with its defining maxim salus animarum suprema lex, as its canonical anchor, the article proceeds to identify precise secular equivalents of this principle in Nigeria law, particularly section 1 (2) of the Nigerian Constitution 1999 (as amended), the doctrine of constitutional supremacy, and the overriding objectives of major Nigeria procedural statutes. In international law, the article identifies the jus cogens doctrine, the principle of equity codified in Article 38 (1) (c) of the ICJ Statute, and the teleological interpretation methodology of international human rights tribunals as structural analogues of salus animarum. Having established these parallels, the article proposes a unified doctrine of what it terms Benevolent Juridical Interpretation (BJI): a coherent jurisprudential framework that fuses the moral architecture of epikeia with institutional methodology of legal equity under the shared telos of human dignity and flourishing. The implications of this unified doctrine are then examined through the Nigeria lived experience in for domains: marriage and family law, land tenure, criminal justice, and community conflict resolution. The article concludes that BJI represents not a foreign importation into Nigeria jurisprudence but the systematic articulation of an interpretative wisdom already latent in Nigeria’s own legal, customary, and theological tradition.