Two‑Track Textualism: Judges vs Subjects

Updated: 2025.08.21 2M ago 1 sources
Aquinas distinguishes roles: judges, exercising public authority, must pronounce judgment strictly according to the written law, while private individuals 'under a law' may in rare cases act outside the letter (equity). This separates institutional interpretation from personal conscience and executive discretion. — It reframes modern fights over 'equitable' interpretation by locating exceptions in obedience and enforcement, not in judicial rewriting of enacted text.

Sources

Aquinas’s Defense of Textualism
James R. Rogers 2025.08.21 100% relevant
The piece contrasts ST II‑II, Q.60, a.5 (judges) with ST I‑II, Q.96, a.6 (subjects) and quotes Aquinas on public authority as the locus of lawful judgment.
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