Abstract

The legal philosophy of Thomas Aquinas has two essential moments: his theory of the laws, and his theory of right and justice. His Summa Theologiae can be understood as a great treatise on God and His decisions, i.e. His acts of creation of the world and of the rational creature. The global account of Aquinas becomes apparent in a set of decisions: general decisions (laws) and concrete decisions (judicial decisions). The virtue of justice must inspire all of them. However, the “real just” only can be seen in the particular decision; that is the reason why Aquinas understands “the right” (“ius”) as “the just” (“iustum”) or “the just thing” (“res iusta”). ?For what do just laws serve if the definite decisions are unjust?

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