This comment addresses three issues discussed in this collection: the institutional mechanisms for enforcing rights and, in particular, judicial review, the justification of criminal sanctions and the nature of retributive justice, and, last, how else, I address some of the views of Finnis concerning sexual morality. Before addressing these issues, let me make a few general observations concerning the similarities and dissimilarities between my views and those developed by Finnis.

Finnis’ political theory is a perfectionist anti-utilitarian theory. Under Finnis’ view human persons share a nature that can be identified and this nature also consists of the capacity to flourish, ie to benefit from certain distinctive human goods (HRCG, 8).1 The political community is an instrument in facilitating the flourishing of human beings and the rules...

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