The Method of Judicial Determination of Ius in the Thought of Thomas Aquinas

Abstract

For Thomas Aquinas, the right of each is determined according to justice in the judgement of the judge, always in relation not only to a common measure, the law, but also to what is due to others. From some indications in his writings, we can infer that the method by which this result is made possible is dialectics, specifically disputative dialectics, which operates through the same argumentative, comparative, and selective procedures employed to resolve a scholastic dispute. This kind of dialectics has a logical structure that still proves its relevance today, despite the changing times and customs. It therefore proves to be particularly well suited to determining one's right even in complex and pluralistic societies such as ours.