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.