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Tantangan Hakim di Indonesia : dari penjaga kepastian hukum menuju pencipta keadilan berdasarkan Pancasila
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Normativity of Scientific Law in the Perspective of Neo-Kantian Schools of Thought
Get PDFScientific normativity of law conceived as a character inherent in legal science as a sui generis. Jurisprudence basically studies the law, something that initially emerged from the dogmatic belief in philosophy. Dogmatism refuse to alter beliefs one iota. The teachings of dogmatic philosophy stem from the teachings of Plato and reflected in the legal enforceability. Dogmatism in the law is reflected in the Corpus Juris Civilis. Along with the development of post Era Scholastic philosophical thinking, the philosophy synthesizes thought between dogmatic thinking and skeptic has appeared in the Age of Enlightenment. This idea is reflected in Transcendental Idealist philosophy thought of Immanuel Kant. The core idea is that real human beings are given the ability to understand based on empirical experience and actually also able to gain an understanding of the human being that is the essence of symptoms. Transcendental Idealist, thus dynamic, moving to look for values that are useful for life. Transcendental Idealist thought then be adopted Kelsen in the teaching of normativity in legal positivism. Normativity in the teachings of Hans Kelsen’s legal positivism derived from the integration of empirical positivism and idealistic empiricism
Normativity of Scientific Law in the Perspective of Neo-Kantian Schools of Thought
Get PDFScientific normativity of law conceived as a character inherent in legal science as a sui generis. Jurisprudence basically studies the law, something that initially emerged from the dogmatic belief in philosophy. Dogmatism refuse to alter beliefs one iota. The teachings of dogmatic philosophy stem from the teachings of Plato and reflected in the legal enforceability. Dogmatism in the law is reflected in the Corpus Juris Civilis. Along with the development of post Era Scholastic philosophical thinking, the philosophy synthesizes thought between dogmatic thinking and skeptic has appeared in the Age of Enlightenment. This idea is reflected in Transcendental Idealist philosophy thought of Immanuel Kant. The core idea is that real human beings are given the ability to understand based on empirical experience and actually also able to gain an understanding of the human being that is the essence of symptoms. Transcendental Idealist, thus dynamic, moving to look for values that are useful for life. Transcendental Idealist thought then be adopted Kelsen in the teaching of normativity in legal positivism. Normativity in the teachings of Hans Kelsen’s legal positivism derived from the integration of empirical positivism and idealistic empiricism
IMPLEMENTASI TRADE RELATED on INVESTMENT MEASURES (TRIMS) DAN PELUANG BERINVESTASI DI INDONESIA
Get PDFGrundnorm, Pure Theory of Law, and Monism in the Dynamics of International Law
No full textThe Grundnorm is Hans Kelsen’s teaching that was integrated into his theory known as the Pure Theory of Law. The Grundnorm is the highest source of legal imperative, which is accepted by every individual human being, based on his free will to submit orders that are no longer debated because they are accepted as truth. The Grundnorm being the source of the validity of legal imperatives, it means that is the highest source of the validity of regulatory law within the scope of national and international law. This is the background of the justification of the Monism school, which is part of the teachings in the Legal-Positivism school. This paper aims to describe the relationship between The Pure Theory of Law as the basis for justifying the existence of Monism. It also seeks to answer whether Monism can still be the basis for justifying the existence of international law. The results showed that Immanuel Kant’s teaching about the developmental stages of human recognition of the universe culminated in the ratio-practical and became the source of the development of Hans Kelsen’s legal teaching on the Grundnorm. Based on Hans Kelsen’s teaching, the Grundnorm is a pre-supposed source of necessity that is formed based on free will, but it is not created through formal procedures by the state. When examined from a sociological perspective, Monism, as a doctrine in the Legal-Positivism school, presupposes the state of society that develops linearly and statically. Monism’s validity was questioned when fundamental changes occurred in state relations in the post-World War II era. These fundamental changes are further accelerated in the post-globalization era, which is based on the demand for justice in relations between states with international legal instruments
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