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Legal Philosophy

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Added on  2023-01-13

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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.

Legal Philosophy

   Added on 2023-01-13

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Running head: LEGAL PHILOSOPHY 1
Legal philosophy
Legal Philosophy_1
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_2
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_3

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