Whether we should always judge according to the written law?

Objections

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 Is. 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.
Objection 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.
Objection 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.