Abstract

HOCEVAR, Mayda. Judicial and Moral Duty in the Philosophy of John Finnis. Frónesis [online]. 2005, vol.12, n.3, pp.38-63. ISSN 1315-6268.

Among the contemporary versions of ius-naturalism, John Finnis’ version occupies an important position. It has certain peculiarities that have lead some authors to sustain that his thought is ius-naturalism and is not contrary to judicial positivism. As proof of this, it is important to point out the insistence of Finnis in defining and basing what he calls strict judicial duty as something distinct from the moral duty of obeying the law. But this distinction is problematical in the manner in which he attempts to demonstrate it in his article.

Keywords : Judicial duty; moral duty; ius-naturalism; John Finnis.