ach thing according as
it is, and when judging of persons, to interpret things for the best
as stated above.
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FIFTH ARTICLE [II-II, Q. 60, Art. 5]

Whether We Should Always Judge According to the Written Law?

Objection 1: It would seem that we ought not always to judge
according to the written law. For we ought always to avoid judging
unjustly. But written laws sometimes contain injustice, according to
Isa. 10:1, "Woe to them that make wicked laws, and when they write,
write injustice." Therefore we ought not always to judge according to
the written law.

Obj. 2: Further, judgment has to be formed about individual
happenings. But no written law can cover each and every individual
happening, as the Philosopher declares (Ethic. v, 10). Therefore it
seems that we are not always bound to judge according to the written
law.

Obj. 3: Further, a law is written in order that the lawgiver's
intention may be made clear. But it happens sometimes that even if
the lawgiver himself were present he would judge otherwise. Therefore
we ought not always to judge according to the written law.

_On the contrary,_ Augustine says (De Vera Relig. xxxi): "In these
earthly laws, though men judge about them when they are making them,
when once they are established and passed, the judges may judge no
longer of them, but according to them."

_I answer that,_ As stated above (A. 1), judgment is nothing else but
a decision or determination of what is just. Now a thing becomes just
in two ways: first by the very nature of the case, and this is called
"natural right," secondly by some agreement between men, and this is
called "positive right," as stated above (Q. 57, A. 2). Now laws are
written for the purpose of manifesting both these rights, but in
different ways. For the written law does indeed contain natural
right, but it does not establish it, for the latter derives its
force, not from the law but from nature: whereas the written law both
contains positive right, and establishes it by giving it force of
authority.

Hence it is necessary to judge according to the written law, else
judgment would fall short either of the natural or of the positive
right.

Reply Obj. 1: Just as the written law does not give force to the
natural right, so neither can it diminish or annul its force, because
neither can man's will change nature. Hence if the written law
contains anything contrary to the natural right, it is unjus