The Evolution and Future of
American Jurisprudence
Activity: The Evolution and Future of American Jurisprudence
Megan Boisvert (Stumpner)
Helms School of Government, Liberty University
GOVT 345 Jurisdiction
Professor Kilgore
October 10, 2025
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The Evolution and Future of
American Jurisprudence
Introduction
The study of jurisprudence helps us see how law develops, what it means, and why it
matters. Over time, different schools of thought—biblical or natural law, legal positivism, legal
realism, and critical legal theory—have offered their own views on what gives law its authority
and purpose. Each has shaped how people think about justice, and how laws are written,
interpreted, and applied in America. By examining these schools of thought, considering the
current state of the legal system, and anticipating its future direction, we can better understand
how American law continues to grow and change.
The Major Schools of Jurisprudence
Biblical/Natural Law
Biblical or natural law states that true law comes from a higher moral order—what is
called divine law or the law written on the human heart (Finnis, 2011) . Thinkers like Thomas
Aquinas and John Finnis argue that justice cannot be separated from morality, and that unjust
laws are not really laws at all (Finnis, 2011). This view was heavily influenced by early
American legal thought. The Declaration of Independence, for example, speaks of "the Laws of
Nature and of Nature's God" and "unalienable Rights" given by the Creator. Those ideas reflect
the belief that law should protect what God has already made sacred—human life, liberty, and
dignity (Finnis, 2011).
This foundation shaped the early American commitment to moral governance and the
rule of law. Natural law has lost much of its influence, but its ideas have not completely
disappeared. They come up in modern debates about morality and justice, especially topics like
human rights, abortion, and religious freedom.
Legal Positivism
Legal positivism began in the 19th century as scholars began separating law from
morality. Figures like John Austin and H. L. A. Hart claimed that the law's authority does not
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depend on its moral goodness but on whether it was made correctly and enforced by
recognized institutions (Hart, 2012). In this view, a law can be valid even if it seems unjust.
Positivism's appeal lies in its order and predictability. It provides the structure for how
our modern courts and legislatures operate. The U.S. legal system depends on these positivist
ideas—clear statutes, regulations, and consistent procedures—to maintain stability, but this
approach can also create moral distance. A purely positivist system risks enforcing unjust laws
simply because they are legally valid. History shows how dangerous that can be when legality
replaces morality as the ultimate standard.
Legal Realism
In the early 20th century, a new generation of thinkers emerged and began questioning
the rigidity of positivism. Legal realism argued that law is not just a set of rules and laws but a
human process. Legal realism was deeply influenced by American law, especially in
constitutional interpretation. Courts began focusing more on real-world consequences and
social context. The case Brown v. Board of Education (1954) demonstrates realism in action with
moral understanding and social awareness that drove for legal change. Realism continues to
shape judicial reasoning, particularly in cases involving technology, privacy, and social policy.
Critical Legal Theory
Critical legal theory showed up in the late 20th century and was built on realism by
pushing its critique further. This theory argues that law is not neutral or objective but reflects
and reinforces existing power structures. Duncan Kennedy (1997) and Richard Delgado (Delgado
& Stefancic, 2017) have claimed that the law tends to favor dominant social groups while
presenting itself as fair and impartial.
This perspective has influenced movements such as critical race theory and feminist
jurisprudence, that expose's inequality within legal systems. In modern American law, CLT
shows up in debates about criminal justice reform, police accountability, and institutional bias.
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Although controversial, critical theory has forced the legal community to confront
uncomfortable truths about systemic inequality and the limitations of traditional legal thought.
The Current American Legal Landscape
Today, the American legal system is shaped by all four schools of thought, though in very
different ways. Legal positivism still provides the framework for legislation and court procedure
—it is the "skeleton" of the system. Laws must be enacted appropriately, and courts must follow
precedent to ensure fairness and order.
Legal realism strongly influences how those laws are applied. Judges will look at the
practical effects on their rulings and see how it will impact the people. This influence is shown in
cases like Obergefell v. Hodges (2015). The Supreme Court extended marriage rights to the
same-sex couples by combining constitutional interpretation with changing social values.
Critical legal theory has become a big part of today's conversations about fairness and justice.
The influence can be seen for the criminal justice reform, the recognition of systemic racism,
and ongoing debates about economic inequality. These issues reflect on the concern that the
law in America protects those in power more than it protects the people. Many law schools
encourage students to consider whether the legal system serves everyone equally or if it often
favors certain groups over others.
The biblical and natural law tradition has decreased in mainstream jurisprudence. While
it still influences moral and ethical discussions, it no longer guides the courts as it once did.
Instead, it serves as a kind of moral counterweight—a reminder that justice must be more than
efficient in rule-following. Faith-based legal organizations and scholars continue to argue that
without a transcendent standard, law risks becoming arbitrary and self-serving.
The Future of American Jurisprudence
Looking ahead, the balance among these schools is likely to keep changing. Legal
positivism will be necessary as it provides the structure and predictability that is needed for a
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functioning democracy. Legal realism is gaining strength as the courts navigate complex issues
involving technology, data privacy, artificial intelligence, and global interconnectedness. The
Judges will also continue to rely on practical reasoning to adapt traditional laws to new
challenges.
Critical legal theory will continue to have a strong influence in academic and policy
discussions, as it focuses on power, inequality, and reform. It will keep shaping how people talk
about justice, and some of its more extreme ideas may face criticism for challenging the basic
legitimacy of the legal system.
The biblical perspective is less common in today’s courtrooms. However, we could see a
comeback as society searches for moral direction in a time of ethical confusion. Questions
about human dignity, bioethics, and freedom of conscience may lead both scholars and citizens
to take another look at the lasting importance of moral and spiritual principles.
The American legal system will keep moving toward a mixed or hybrid model. Laws will
continue to stay structured and procedural in the positivist sense but will continue to be applied
through a realist lens; that considers real-world outcomes. At the same time, critical and moral
perspectives will keep pushing for fairness and reform. The biggest challenge will be finding
balance—making sure the law remains both authoritative and humane, consistent yet
compassionate.
Conclusion
The United States of America continues to face legal and moral challenges in the legal
system and will likely draw from all four schools of thought. The future of our country's
jurisprudence will blend clear rules with practical reasoning, social awareness, and enduring
moral truth. The ongoing goal is not to choose one philosophy over the others, but to combine
their strengths in the continued pursuit of justice.
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References
Delgado, R., & Stefancic, J. (2017). Critical race theory: An introduction (3rd ed.). New
York University Press.
Finnis, J. (2011). Natural law and natural rights (2nd ed.). Oxford University Press.
Hart, H. L. A. (2012). The concept of law (3rd ed.). Oxford University Press.
