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Lamar University *
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Jan 9, 2024
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Running head: LAW
1
Legal Jurisprudence
Name of Student
Name of Institution
Abortion: Natural Law, Legal Positivism, and Historical Jurisprudence Perspectives
LAW
2
Contemporary issues continue to challenge legal premises and jurisprudence. Different
people have different views about controversial issues such as abortion. Examining abortion laws
from the lenses of legal positivism, natural law and historical jurisprudence is likely to result to
different outcomes. Thus, while it may be desirable to integrate the three schools of thought in
explaining the development in law, it would be difficult to integrate them and reach an outcome
consistent with Biblical teaching.
Natural law holds that law derives from a divine power. Thus, it mirrors the morality of
the divine power. Therefore, it does not separate morality from the law (Irving, 2000). Hence, on
issues like abortion, it would take a moral stand and ban abortion. Legal positivism argues for the
separation of law and morality. It posits that a legal right to do something does not equate to a
moral right to do the same thing (Chambers, 2011). Simply, a given law is valid despite it being
morally unjust. That means that laws derive their validity from the powers creating them rather
than the morality of the people. Based on historical jurisprudence, law serves the people rather
than people serving the law. As such, it should change to reflect the changing needs of the people
(Bix, 2018). Therefore, when it comes to the issue of abortion, regulations should consider the
contemporary needs of women necessitating abortion.
It is hard to integrate natural law, legal positivism, and historical jurisprudence to explain
or justify the development of law. That is because they all hold for different values. For instance,
whereas natural law argues that law derives from a divine power, historical jurisprudence holds
that people make laws to meet their changing needs. Legal positivism and historical
jurisprudence are more likely to uphold secular ideals that separate morality from law. Thus, only
natural law is likely to arrive at a result anchored on Biblical teaching.
References
LAW
3
Bix, B., (2018). A New Historical Jurisprudence?
Washington University Law Review
.
95(1035).
Chambers, J.B., (2011).
Legal Positivism: An Analysis
. Digital Commons.
Dimmock, M. and Fisher, A., (2017).
Ethics for A-Level
. Cambridge: Open Book Publishers.
Irving, D.N., (2000). Abortion: Correct Application of Natural Law Theory.
The Linacre
Quarterly
, 67(1), pp. 45-55.
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