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All Journal Dialektika kontemporer Pinisi Journal of Social Science
Valentine Obienyem
Nnamdi Azikiwe University
Social Sciences Other

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The Philosophical Foundations of Jurisprudence Valentine Obienyem
Jurnal Ilmu Sosiologi Dialektika Kontemporer Vol 14, No 2 (2026)
Publisher : dialektika kontemporer

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Abstract

This paper presents a historical and philosophical exploration of the foundations and development  of jurisprudence, beginning with Roman law and extending to contemporary legal theory. It examines how Roman innovations in civil obligations, torts, procedural justice, and commercial regulation laid enduring foundations for modern legal systems. Central to this was the distinction between jus civile and jus gentium, and the emergence of natural law—a belief in a universal moral order discoverable through reason. Drawing on Roman thinkers such as Cicero, the article shows how law began to be measured not only by authority but by rational justice. The study then traces the refinement of natural law theory in medieval Christian thought, particularly through St. Augustine and St. Thomas Aquinas, who integrated Aristotelian philosophy into a theological framework. With the rise of secular states, figures like Francisco de Vitoria and Hugo Grotius advanced legal theories grounded in reason and universal human rights, laying the groundwork for modern international law. Modern jurisprudence further diversified with the social contract theories of Hobbes, Locke, and Rousseau, and the Enlightenment philosophies of Kant and Hegel. Later jurists such as Kelsen, Austin, and Radbruch contributed to legal positivism and analytical jurisprudence, while Beccaria and Bentham promoted reformist and utilitarian approaches. The paper concludes by surveying contemporary schools of legal theory – philosophical, analytical, sociological, comparative, and ethical – arguing that jurisprudence remains a dynamic discourse shaped by justice, authority, and moral reason. It affirms that today’s legal systems continue to echo ancient debates, highlighting the timeless relevance of jurisprudential inquiry.
Utilitarianism and the Nigerian Experience: A Framework for Ethical Governance and Social Justice Valentine Obienyem; Ignatius Uzondu
Pinisi Journal of Social Science Vol 5, No 1 (2026): May
Publisher : Universitas Negeri Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26858/pjss.v5i1.89025

Abstract

This paper explores the ethical theory of utilitarianism, tracing its origins, development, and enduring influence from Jeremy Bentham to John Stuart Mill and subsequent thinkers. Utilitarianism, a form of consequentialist ethics, holds that actions are morally right if they promote the greatest happiness for the greatest number. The paper offers a critical exposition of John Stuart Mill’s distinctive contribution, particularly his refinement of Bentham’s hedonistic utilitarianism through the introduction of qualitative distinctions between pleasures and the defence of individual rights as integral to overall well-being. It also examines the work of later utilitarians such as Henry Sidgwick, Peter Singer, R.M. Hare, Derek Parfit, and Joseph Fletcher, highlighting their contributions to expanding the scope and application of utilitarian ethics. The practical relevance of utilitarianism is illustrated through its potential applications in governance, public policy, environmental ethics, social justice, and economic development - especially in the Nigerian context. Furthermore, the essay engages key criticisms of the theory, including its perceived neglect of individual rights, challenges in quantifying happiness, and potential to justify morally questionable means. In conclusion, the paper affirms the continued relevance of utilitarianism to contemporary ethical discourse, law, and public life, while acknowledging the need for thoughtful application and critical engagement with its limitations. 
Co-Authors Ignatius Uzondu