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.