Juri 610 DB 2
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Liberty University *
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610
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Philosophy
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Feb 20, 2024
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Uploaded by HighnessReindeerMaster607
American Legal Realism, Law and Economics, and the Interpretive Approach are among the most influential modern perspectives of legal theory. Discuss which aspects of these theories are consistent or inconsistent with the biblical world view of law.
American Legal Realism was the label given to a group of American legal theorists in the 20th century who challenged the ideas of legal reasoning and adjudication during their time. Brian Bix, Jurisprudence Theory and Context
, 197, 8th Ed., 2019. It is a theory that stems from not just
the legal rules and law but from the personal and political interests of the judges who are making the laws. This concept is inconsistent with the biblical perspective in my opinion because it can allow for prejudices and bias in the law. As stated in Deuteronomy, “You shall not be partial in judgment. You shall hear the small and the great alike. You shall not be intimidated by anyone, for the judgment is God's. And the case that is too hard for you, you shall bring to me, and I will hear it.” Deuteronomy
1:17 (ESV). The Law and Economics Movement is partly grounded in utilitarianism concepts and attempts to
set the tone for the intertwining of economics and law. One of the benefits of this movement is that it offers a general theory on law and a framework for on how to clarify and improve the law.
It is considered one the most influential legal theories in terms of jurisprudence because it argues
that the tools of economic reasoning give the best chance for a justified and consistent practice of
law. Brian Edgar Butler, Law and Economics
, Internet Encyclopedia of Philosophy (2021), https://iep.utm.edu/law-and-economics. In my opinion, the Law and Economics Movement is inconsistent with the biblical perspective because while in someways it could be beneficial to some, there could be times where it is not economically beneficial to help all. As stated in Proverbs, “
Whoever oppresses the poor to increase his own wealth, or gives to the rich, will only
come to poverty.” Proverbs
22:16 (ESV).
Interpretive approach to law helps to shape law by claiming that the way law is determined is by certain principles that explain why certain practices should have that role. Stavropoulos, N., “Legal Interpretivism.” Stanford Encyclopedia of Philosophy (2014), https://ora.ox.ac.uk/objects/uuid:dbebd8e8-cf78-4cfc-b480-07b91ee9e72c. It works by combining and analyzing past actions to determine what the best action is moving forward that will benefit its citizens. While this is a great idea in theory, the issues may become in who is deciding what is best for its citizens. If their beliefs do not follow the biblical standards then the laws will not follow the biblical perspective. I believe this theory has the potential to be consistent with the biblical perspective but also has the potential to fall short. It is in that potential to fail that makes me hesitant to say that the approach is fully consistent with the biblical perspective.
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