Law and politics cannot be separated from one another because they are mutually intertwined. 

Politics dictate how laws are made and enforced.

Law and politics are distinct terms that are often mistakenly conflated. 

Courts must consider politics when interpreting statute. This is a crucial consideration. 

Viewing laws ‘goodness or ‘badness’ as a question of economic efficiency

His theory that gender inequality is fundamentally a political question

The ‘command theory’ of law, which states that law is a wish expressed by a sovereign requiring people to behave in a certain way

Being the founder of British utilitarianism

States that “an unjust law is not a law”

States that legal decisions are a form of political decision

States that law is a general declaration of the will of a sovereign supported by the threat of a penalty

Is based on the application of economic theory to law

Critical legal theory

Natural law theory

The ‘law of the jungle’

Legal positivism

There is a public/private dichotomy which discriminates against women

The law tends to serve the interests of the wealthy and powerful

There are unchanging principles of law that are part of the natural realm

There is no necessary connection between law and external standards

Terry must be sanctioned because her actions were immoral. Economic consequences are only a secondary consideration.

Terry’s sentence must reconcile with the bank's financial detriment. Laws and sanctions are based on economic considerations.

Terry’s sentence is based on the economic consequences and efficiency considerations. The sentence ‘costs’ her because she lives in reduced circumstances.

Terry needs to be rehabilitated so she can contribute to society in the future and offset the cost of her trial. Laws and sanctions are based on economic considerations.

Catharine McKinnon

Jeremy Bentham

St Thomas Aquinas

HLA Hart

Jessica believes in Natural Justice. Sam believes in Legal Positivism.

Jessica believes in Legal Positivism. Sam believes in Natural Justice. 

Jessica is taking a Critical Legal Theory approach. Sam believes in Natural Justice. 

Jessica believes in Feminist Jurisprudence. Sam believes in Legal Positivism.