Jurisprudence, Natural Law, Legal Positivism, Liberalism and Utilitarianism

1 Running Head: Jurisprudence
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2 Running Head: Jurisprudence
Question 1
Jurisprudence entails the study of essential legal doctrines of a theoretical, scientific and
chronological nature that form the basis of various types of laws such as criminal, civil and
constitutional. Although in dealing with the subject of jurisprudence, it’s important to note that
various meanings have been proposed as to what jurisprudence means such that there has been
no unanimity in regards to its scope thou it has been narrowed to the study of the concepts of
positive law and ethics1. Regarding the scope, authors such as Wurzle, note that it was one of the
first social sciences to be developed and that its province is usually determined often since no
description of its scope can be regarded as final2. Further, scholars such as Austin refer to it as
the philosophy of positive law meaning the law put forward by a political superior for controlling
the conduct of his subjects.
On the other hand, there has been different views in regards to what constitutes
jurisprudence thou the generally agreed on components include legal theory, sources of law and
legal concepts. Outlining the constituents of jurisprudence is important as it plays a crucial role
in bringing out the difference between legal theory and jurisprudence which in this sense it that,
legal theory forms part of the components of jurisprudence and it deals with the law as it is &
how it operates in society3. Legal theory also concerns the creation of laws, enforcement and the
impact social views and law on each other. Therefore, it’s correct to conclude that a difference
exists between jurisprudence and legal theory as one entails various components whereas the
other deals with a specific thing4.
The study of jurisprudence is of importance as it enables one understand the
foundation/development of law, the sources of various categories of law, how laws are created
and implemented5. It also aids in understanding the different legal systems and further
understanding concepts such as human rights.
1 Matsuda, M. J. (2017). Liberal jurisprudence and abstracted visions of human nature: A feminist critique
of Rawls’ theory of justice. In Gender and Justice (pp. 47-64). Routledge.
2 Baker, S., & Mezzetti, C. (2012). A theory of rational jurisprudence. Journal of Political Economy, 120(3),
513-551.
3 Powell, R. (2009). Zakat: Drawing insights for legal theory and economic policy from Islamic
jurisprudence. Pitt. Tax Rev., 7, 43.
4 Malinowski, B. (2013). Crime and Custom in Savage Society:[1926/1940]. Routledge.
5 Wacks, R. (2017). Understanding jurisprudence: An introduction to legal theory. Oxford University Press.

3 Running Head: Jurisprudence
Question 2
Natural law refers to a kind of philosophy that proposes that some rights, moral principles
and responsibilities are innate in human nature & that those human rights can be understood
through some reasoning6. Throughout all chronological events the term concerns itself with
shaping how humans ought to conduct themselves morally and since it’s a universal law it
applies to every individual in equal measure. On the other hand, the American legal system
defines natural law as a form of legal theory that regards morality & law to be inter-linked such
that practically they are the same7.
In addition to that, natural laws come into existence through following the substantive
procedure set out in the relevant legislations of a state, whereby the law makers through
sponsoring a bill have to ensure that it goes through the required stages upon which its success,
its assented to by the person in charge normally the president and therefore becomes a law.
Similarly, such laws come into existence through the common law system of practice whereby
previous case laws set as precedents are used to determine future cases with similar facts in order
to come up with similar results.
In regards to the practice of natural law, it’s still put in practice in coming up with new
laws and enforcement and a relevant example of such laws include the right to life whereby its
granted to all individuals by virtue of them human beings and therefore calls upon every person
to respect the right to life by not taking his life or the life of any other individual8. Outlining the
constituents of jurisprudence is important as it plays a crucial role in bringing out the difference
between legal theory and jurisprudence which in this sense it that, legal theory forms part of the
components of jurisprudence and it deals with the law as it is & how it operates in society. Legal
theory also concerns the creation of laws, enforcement and the impact social views and law on
each other9. Also another controversial example where the concept of natural law has been taken
6 d'Entreves, A. P. (2017). Natural law: an introduction to legal philosophy. Routledge.
7 Habermas, J. (2015). Between facts and norms: Contributions to a discourse theory of law and
democracy. John Wiley & Sons.
8 Kugler, P. N., & Turvey, M. T. (2015). Information, natural law, and the self-assembly of rhythmic
movement. Routledge.
9 Porter, J. (2010). Ministers of the law: a natural law theory of legal authority. Wm. B. Eerdmans
Publishing.