Friday, June 12, 2015

Common Law Part of Culture

In this vast area grows Common Law, adopted and maintained as a rule keeper social order and rules of law among humans, who get along in a society in order to avoid any disasters and hazards that may be or have been threatened. Order is maintained by the Customary Law is both inner and physical, visible and invisible, but believed and trusted since childhood until berkubur Berkalang ground. Where there are people, there is no law (Adat).
Every society, every people has, has its own culture with its own style and character, has the natural structure of the mind ("geestesstructuur") itself, then the law in every society, as one embodiment "geestesstructuur" of the people concerned, has its own style and character , namely: the law of each of the different communities. Similarly, customary law in Indonesia.
As the Customary Law Customary Law Aspects of Culture that it grew out of a need for a real life, a way of life and outlook on life is a whole culture of Indigenous communities in which it applies. Probably not a law that is foreign to the society will be forced to be made if the foreign law is contrary to the culture of the people concerned.
Customary law in terms of culture form the customary law was included in the intangible culture as a complex of ideas whose function is to direct and regulate human behavior in berkehidupan in society, thus customary law in many aspects of people's lives as Indonesian culture.
Customary law is the law of the traditional society is the embodiment of a real-life needs and is one way of looking at life as a whole is a culture of the communities where customary law is applicable.
According to Andreas Eppink, cultures containing the overall sense of social values, social norms, knowledge and overall social structures, religious, and others, in addition all the intellectual and artistic expression that characterizes a society. According to Edward Burnett Tylor, culture is a complex whole, which has in it the knowledge, belief, art, morals, law, customs, and other abilities from any person as a member of society.
So Indigenous Culture As aspect is that the Customary Law that grew out of a need for a real life, a way of life and outlook on life is a whole culture of Indigenous communities in which it applies.

Tuesday, June 2, 2015

Does The Law of Attraction and The Secret Ineffective?

They are still searching for wanting to always improve the standard of living and their success or fancy term called "The Seekers" (aka The Searchers), must have heard about the Law of Attraction (or the Law of Attraction, or the Law of Attraction), which is in short dictate that what you think by focusing so shall you pull into the life.

Who has not heard of the LOA, try, especially after the publication of the movie and book "The Secret" which spread rapidly to the entire world and become a trend and discussed everywhere? Thousands of books have been written about it, thousands of TV show worked upon, and millions of websites write about.

But strangely, in the country of origin "the Secret" itself, namely the United States, the condition it merunyam only two years after the birth of the Secret. Devastating economic crisis hit the country's superpower and the impact spread to all corners of the world as well. The crisis in which millions lost their jobs.

While in the other hemisphere, messy conditions also continue to occur, including in our country.

Ironic, is not it? Because the Secret taught about the laws of nature can be a powerful key to opening all kinds of success called the Law of Attraction.

So where is the harm?

Does the Law of Attraction was fake? Or is taught in the Secret was just a conspiracy to generate economic benefits for the manufacturer alone?

If we can get what we want and focus in our minds, then how could anyone wanting the evil, so why are attracted to ugliness in their lives?

Actually, what happened?

The answer: apparently not many people who really understand the workings of this interest law.

Yes, the Law of Attraction or we briefly became LoA / LOA is a natural law that is as old as the universe, but also has thousands of years of secret human is not widely understood.

So it is not surprising that even now, despite having been read and heard about it, we still do not fully understand everything and will LOA.

An ancient classics of India "Bhagavad Gita" once quipped:

"A lot of the secret key of life that has been taught since time immemorial, and has been part of human life from time to time. But they are not referred to as CONFIDENTIAL without reason. The key to success is called SECRET not because these things are hidden, but because until whenever there will only be a few people who are ready, able and willing to hear or know. "

So natural that many are not well understood about the Secret because it was a secret.

Well, the Law of Attraction or LOA is part of the many Natural Law which slowly but surely beginning to understand humans.

the Law of Attraction (LoA / LOA) is a natural law that is as old as the universe, and has been for thousands of years also this secret is not widely understood human.

That's why he is called "the Secret".

Natural Law or the Universal Laws or Laws of the Universe, or the Laws of the Universe or God or sunatullah Law, (all together the meaning of this term, referring to the same thing, aka synonyms), in short, is a set of Natural Law that included God at creation as Operating System Universe.

It was like the universe is a computer, the Laws of the Universe that is running the functions in particular. Similar Operating System (OS) of a computer that allows it to be used to count, read, write, search, relate to the outside world, cyberspace and so on.

Of the many natural laws, many of which have not been understood fully human, because many are not physical, or laws governing the physical objects that can be easily observed to find the truth (Laws of Physics), such as for example the law of gravity.

Many laws that govern the spiritual aspects of the universe and human life in it. And this is a bit complicated and difficult to understand humans.

LOA as one of these laws, is one of the most important for us to understand if we want the ultimate success.

Just unfortunately, LOA entered into the laws of nature are rather complicated to be understood earlier.

If spoken too deep to be complicated, while if simplified, can be certain of the missing elements, so understanding obtained is also less precise or accurate.

It may be that this is the cause why the Secret, which is actually just the introductory course to the LOA, less successful impact for most people. LOA tend to be abandoned again, because it is considered less effective.

One small example of the many tangible evidence of those who do not understand about this LOA even after watching and reading the Secret (let alone who have never huh?) Is the inclusion of several emails to my inbox asking, "Is that LOA does not conflict with Islam?"

Success System Total even this rests on the law of this LOA.


Yes, readers many things to be clarified about the Law of Attraction, because in fact this law could be a super powerful tool for you to enjoy a successful, if you really understand and know how to use it.

And this is the purpose of the following subjects, to explain clearly in a language that is very, very modest about what the LOA by using analogies (like) a very everyday so that anyone can easily understand and be understood how it works in helping the successful realization of all human dreams ,

Thursday, May 21, 2015

The Basic Understanding of Sharia Law

Shariah law is the command of Allah (God) that relate to mukallaf in the form of guidance for selecting and do or leave such actions.

Type of sharia law
1. Legal taklifiy
Taklifiy law is something that calls for guidance to choose to do or leave the deed. Guidance / options include:
- Fardhu (Mandatory): absolute
- Sunnah: charged but not absolute
- Haram: left, absolute form
- Makruh: left, but not absolute
- Permissible: choose work or leave

2. Legal wad'i
Is the command of God that relate to something related to law taklifiy. In other words, as a regulator of the process of implementation of the law taklifiy. Things that become part of the law wad'i are:
- Because: Something behind peruatan / harbingers.
- Requirements: Being outside, but being decisive part, which must be met. Something would be invalid without the requirement, but the terms are not part of the act.
- Pillars: The act invalid if the pillar there and met. Pillars and it was part of the act.

Examples:
One activity called Shalat (prayer). Terms legitimate Shalat is wudlu (not part of the act of prayer). Pillars of prayer one is takbiratur ikhram (part of the movement in the act of prayer).


In wad'i law, the barrier is defined as something that is prevalent from his existing, and there is no law. While legitimate means that the act has meaning in law.

Tuesday, May 12, 2015

Law and Order in Nowadays

The victims of rape cases had been treat in some better place. This phenomenon showed us that the politicians should be responsible for any cases in our social environment. Terrorism and sexual predators are take costs in physically effects or sosio-economics.

Our society missed in law and order issue. Late action still become the method used by our government prevented action. The victims of any extraordinary cases just get the treatment rather than preventing act.

From law and order to other issues seems too late to be applied. The budget allocation should be focused on education so that our society would be grow up, started from every person's thought. We can avoid any social disaster by making the right system for upraising our human rights.

Monday, May 11, 2015

Figures History in Modern Legal Philosophy Flow

History of Modern Legal Philosophy is meant here is a history that began 19th century, in contemporary times Rasionalosme, in contemporary times it is equipped with Empiricism Rationalism. Empiricism thinking has actually been initiated since modern times, such as by Hobbes, but this new thinking has developed rapidly in the 19th century. with the development of empiricism, historical factors also received major attention, including in the field of Law. Great attention to historical factors, among others, given by Hegel (1770-1831) and Karl Marx (1818-1883). The same thing happened in Germany with the advent of Mahzab History of Von Savigny.

Hegel (1770-1831), Hegel's philosophy was about to rediscover the absolute at the Relative. Which mulak is consciousness, but consciousness incarnated in nature, with the intention that thus realize himself. By the very nature of consciousness is Idea, meaning thinking. In the history of mankind at a time this idea become a participant in the absolute Idea, the shrewdness. In essence Idea think of an activity, a movement. It's just that this motion is not rectilinear motion. This motion always occurs in the form of motion and resistance in turns. But thus based tisis and antithesis arose a new movement that includes both previous motion dalm a higher level as a synthesis. This process is taking place in accordance with the laws of Reason, Hegel called dialectic. For everything axiom applies: what is surely outsmart real: what is the real nature outsmart that is inevitably in motion understand consciousness and was also in line with the natural motion and movement history.

Karl Marx (1818-1883) and Engels (1820-1883), the law is seen by them as a statement of social life. Empiricism also encourage muncuknya Mahzab history. The inclusion of a factor in the history of legal thought is then also gave birth to a relative view of the law as stated by von Savigny, the law is not made, but he grew up with the development of society. Thus, there can be no universal law, just as there is no universal language. Each people (of a country) the right to determine its own legal complexion, according to the spirit of the nation (volksgeist) it.

Theo Huijbers (1988: 106): mentions the three branches of positivism in relation to the law, namely: (1) Sociological Positivism, (2) Positivism Yridis, and (3) the Common Law Doctrine. Positivism sociological view of law as a mere social phenomenon, so that the law can only be investigated by science emerging at the time, which is sociological. Juridical positivism about to question the legal significance as a symptom of its own, menueut methods of science of positive law. Close to the juridical positivism is a legal discipline called Common Law Doctrine. Adherents of this system argue that the theoretical activities of a person confined to a law degree and a description of the meaning of legal principles in Inductive-empirical. Positivism as the Huijbers mentioned in the law school of philosophy known as the flow of legal positivism. Doctrine is a common law doctrine developed among others by Hans Kelsen.



Friday, May 8, 2015

Understanding the Philosophy of Law


Why do we obey the law, whether justice be sized for good or bad law. This is the task of the philosophy of law to answer all these questions, so that the substance of the law was strictly followed and adhered to.

legal philosophy is the science that studies the philosophical basis of law. Therefore, the object of the philosophy of law is the law. Definition of the law itself was very spacious. Thus, if we want to define satisfactorily law, we should be able to formulate a sentence that includes at least nine legal sense it.

The law also seen as a norm that contain certain values. If we limit the law in the sense as norms are human guidance in behavior. Legal norms necessary to complement other existing norms because the protection afforded legal norms is said to be satisfactory compared with other norms for the implementation of these legal norms can be imposed.

Philosophy of law also includes harmonization values ​​harmonization eg between order with peace, between materialism with morality, as well as between the permanence of the renewal

Understanding the simple philosophy of law is a branch of philosophy, ie the philosophy of behavior or ethics, which learns legal nature. In other words, the philosophy of law is a law of science that teach philosophy philosophically So the object of the law is the law, and the object is studied seea ra deep down to the core or essence, which is called nature.

The question of "what (the nature of) law?" Is a question of philosophy of law at the same time as well. The question may be answered by jurisprudence, but the answer given completely unsatisfactory poorer. According Apeldoorn (1985) it is not because the law only gives answers unilaterally. can be observed by human senses about human actions and habits of society. Meanwhile, value judgments behind symptom-style legal GEJ eluding legal science. Norma (rules) the law does not include the world reality (Sein), but being in another world (sollen and mogeni, so it's not an investigation of legal norms of jurisprudence.

Considering the object of philosophy of law is the law, then the problem or question discussed by legal philosophy and even then, among others, the range of what is described above, such as law and power relations, the relationship of natural law and positive law, why people obey the law, what is the purpose of law , to the problems of legal philosophy that so much discussion today (by some people called the one-time contemporary legal philosophy, a misnomer, because since the first issue has also been discussed) as issues of human rights and ethics of the legal profession. Of course, not all problems or questions will be answered in the course of philosophy of law.

In the history of philosophy of law noted that in earlier times, the philosophy of law is simply a byproduct of the many attractions investigation of the philosophers. At the present time, the philosophy of law has become the main product itself discussed by legal experts.

As an additional note, in many legal writings often identified with the philosophy of jurisprudence that teached especially at law schools in the United States. The term jurisprudence (English) or jurisprudenz (German) already used in the Codex Iuris Civilis in Roman times. The term was popularized mainly by adherents of legal positivism.

Understanding the Philosophy of Law According to Experts

Philosophy of Law According to Gustaff Radbruch is the branch of philosophy that studies the correct legal. Meanwhile, according to Langmeyer: Philosophy of Law is a philosophically discussion about the law, Anthony D'Amato termed the Jurisprudence or legal philosophy that is often interpreted as fundamental research and understanding of the law in the abstract, then Bruce D. Fischer defines Jurisprudence is a study of the philosophy of law. This word comes from the Latin word meaning wisdom (prudence) with respect to the law (juris) that literally means the study of the philosophy of law.

Simply put, it can be said that the philosophy of law is a branch of philosophy, ie the philosophy of behavior or ethics, which studies the nature of law. In other words, the philosophy of law is the study of the philosophical law, so the object of the philosophy of law is the law, and the object is studied in depth to the core or essence, which is called by nature.

Tuesday, April 28, 2015

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