Le Juge Charles Doherty Gonthier et la Tradition Classique du Droit Naturel: Correspondances (TR. Justice Gonthier and the Classical Natural Law Tradition: Some Points of Correspondence)

Abstract

English Abstract: This paper (in French) argues that Justice Charles Doherty Gonthier, who sat on the Supreme Court of Canada from 1989 to 2003, can best be described as a natural lawyer in the thomistic tradition. His thought is exposed alongside that of John Finnis, one of the main contemporary exponents of the tradition. It is shown that their outlooks exhibit striking correspondences, not only in their concern for certain fundamental themes - solidarity, the common good, the importance of duty, but also in their views on particular topics - the justification of the criminal law, marriage, sexual morality, and the place of religion in the political domain. In the end, the explanation for this level of correspondence resides in the fact that both Justice Gonthier and Finnis have developed and applied the moral, political and social doctrine of the Roman Catholic Church, which is in large part inspired by Aquinas' thought.

Keywords: law, Supreme Court of Canada, Justice Charles Doherty Gonthier, legal philosophy, jurisprudence, natural law, John Finnis, Thomas Aquinas, Roman Catholic Church