Legal Philosophy

This essay presents a critique of the theories of five legal philosophers and their impact on jurisprudence. It analyzes the legal philosophies of John Rawls, Jeremy Bentham, Herbert Lionel Adolphus Hart, John Locke, and Aristotle.

Running head: LEGAL PHILOSOPHY 1
Legal philosophy

LEGAL PHILOSOPHY 2
Table of Contents
Introduction................................................................................................................................3
John Rawls.................................................................................................................................3
Jeremy Bentham.........................................................................................................................3
Herbert Lionel Adolphus Hart...................................................................................................4
John Locke.................................................................................................................................4
Aristotle......................................................................................................................................5
Conclusion..................................................................................................................................5

LEGAL PHILOSOPHY 3
Introduction
The main aim of the essay is to present a critique of the theories of five legal
philosophers. As a result a detailed analysis and evaluation of such theories would be carried
out and conducted accordingly. It would also imply the impact of such theories with regard to
jurisprudence. It would also help in the discussion and demonstration of the concepts relating
to legal philosophy in a proper and appropriate manner. As a result, the rationale behind the
legal philosophy would be taken into consideration accordingly. It would help in the
understanding of the aspects of the legal philosophers in an effective and efficient manner.
John Rawls
The legal philosophy propounded by John Rawls implies that there should be equal
distribution and allocation of goods in a just society as far as fairness is concerned as implied
from his work ‘A Theory of Justice’. It draws inference from the aspect related to social
contract which was postulated by various thinkers during the Age of Enlightenment along
with the philosophy of Immanuel Kant. As per his work ‘A Theory of Justice’, there are two
principles with regard to the aspect of justice. The First Principle implies that each and every
person in the society must be guaranteed rights and basic liberties in an equal manner which
is in terms of an incredible system of liberty. The Second Principle implies that inequalities
pertaining to society and economy must be addressed at the earliest accordingly so that the
people in the disadvantaged position are benefitted accordingly (Buchanan, 2017). It also
implies the aspect of fairness as far as the providing of equal opportunity is concerned. As a
result, it is imperative that John Rawls lays a huge emphasis over the aspects related to liberty
and equality which is essential for the modus operandi of a society in a non-discriminatory
manner.
Jeremy Bentham
The legal philosophy propounded by Jeremy Bentham is based on the concept of
utilitarianism. It further implies that the aspect of utility is governed by pleasure and pain as
bestowed upon by nature with regard to the aspect of equality involved in human interests is
concerned. Additionally he has also called for an egalitarian society as far as equality on
grounds of gender and sexual orientation is concerned thereby calling for reformations to be
made in the law. His theory has influenced welfarism in terms of the modus operandi of a

LEGAL PHILOSOPHY 4
civilized society (Smits, 2016). He also supported the right to life and personal liberty with
regard to the end of slavery and capital punishment. He also advocated for child rights as far
as corporal punishment is concerned. He extended his support for animal rights to a huge
level. His legal philosophy played an important role in the reformation of various kinds of
institutions such as schools, prisons, the laws governing workhouses in the United Kingdom,
courts of competent jurisdiction as established by law and the Parliament of the United
Kingdom. In terms of economic reforms, he advocated for employment at the highest level.
Herbert Lionel Adolphus Hart
The legal philosophy propounded by Herbert Lionel Adolphus Hart is based on the
aspect related to positivism. It further implies that the concept of positivism vehemently
rejects the theories of natural law with regard to jurisprudence on grounds that there are no
connections between laws and morals as far as the governance of a society is concerned. He
further opines that laws are ought to be obeyed by humans as far as their duties and
obligations are concerned. Additionally, it is also implied from his legal philosophy related to
positivism that there is a difference between facts and moral judgments as far as being backed
up by conclusive proof or credible evidence is concerned (Kramer, 2018). The legal
philosophy of Herbert Lionel Adolphus Hart has played an extremely essential role with
regard to the influencing of modern legal system as far as the Anglo sphere is concerned. As
a result, it has been incorporated in the modern forms of jurisprudence as far as the effective
and efficient functioning of the legal systems is concerned. He also emphasized upon the
analysis of the concepts pertaining to the addressing of the issues with regard to legal
theories.
John Locke
The legal philosophy propounded by John Locke is based on the concept of social
contract as far as liberalism is concerned. As a result of his theory pertaining to the concept of
social contract, his work titled “Two Treatises of the Government” was published. His legal
philosophy implies that a civilized society has been established for the purpose of the
resolution of conflicts in a proper and appropriate manner. Such a legal philosophy is deemed
to have played an important role in the aspect concerning the Declaration of Independence of
the United States of America. It has also made an extension of its support in terms of system
related to separation of powers as far as the modus operandi of a nation is concerned

LEGAL PHILOSOPHY 5
(Kleidosty & Jackson, 2017). The Constitution of the United States of America has also been
influenced by the legal philosophy of John Locke to a massive extent. Additionally, such a
legal philosophy implies the aspect of property with regard to perishable goods being
exchanged for goods that are long lasting and durable. Besides the Constitution of the United
States of America, the legal philosophy of John Locke has also played a vital role with regard
to the influence over the drafting of the Constitution of California, a state of the United States
of America.
Aristotle
Aristotle is one of the major legal philosophers of ancient Greece. His legal
philosophy based on the aspect of distributive justice has played an important role in the
shaping up of the legal systems of the modern times as far as the modus operandi of a
civilized society is concerned (Edel, 2017). The main aspect of the concepts related to
distributive justice implies the allocation and distribution of goods in the interest of justice as
far as its impact of the society is concerned. The elements of this concept include the
availability of goods as per the stocks, the procedure involved in the allocation of goods and
the outcomes pertaining to such kind of allocation of goods as far as the people living in the
society are concerned. Such a legal philosophy implies equal rights of people in the society in
terms of the availing and utilization of goods in a proper and appropriate manner without any
kind of inequality. It further implies that productivity registers an increase when awareness is
spread relating to the positive impact justice has on the society.
Conclusion
As observed from the aforesaid discourse, it can be concluded by stating that the legal
philosophies postulated by five philosophers have been justified and are appropriate. The
aforesaid discourse has also presented the rationale of the five philosophers in terms of the
postulation of such kinds of legal philosophies. The analyses of such kinds of legal
philosophies have been carried out in a proper and appropriate manner with regard to their
positive impact over the society. Due to the limitations of the scope of the discourse, further
analysis of legal philosophies could not be carried out thereby involving more number of
philosophers. However, wide scope and opportunity has been provided to future research
analysts and enthusiasts to carry out and undertake research in a similar manner as far as the
related disciplines are concerned.

LEGAL PHILOSOPHY 6

LEGAL PHILOSOPHY 7
References
Buchanan, A. (2017). A critical introduction to Rawls’ theory of justice. In Distributive
Justice (pp. 175-211). 4th ed. Abingdon: Routledge.
Edel, A., 2017. Aristotle and his Philosophy. 4th ed. Abingdon: Routledge.
Kleidosty, J., & Jackson, I. (2017). Two Treatises of Government. 7th ed. Abingdon: Macat
Library.
Kramer, M.H. (2018). HLA Hart. 5th ed. New Jersey: John Wiley & Sons.
Smits, K. (2016). Liberal Peace Plans and Cultural Difference: Jeremy Bentham and the
Limits of Enlightenment Universalism. In Visions of Peace (pp. 173-188).
Routledge.