Legal Philosophies Schools

According to Zevenbergen Wiliem legal philosophy is a philosophy with the object of legal or views about the basic philosophy of law, as proposed by Carl Friedrich Joachin. Gustav Radbruch said legal philosophy is related to faith or conscience. Thus the philosophy of law contributes to the development of law and other fields, because the law covers all aspects of community life and nation. In general there are 6 schools of legal philosophies, below are the explanation on each of them:

Natural Law

According to Aristotle, natural law is eternal and universally applicable because the underlying nature created by positive law made ??by man that will always change according to time and place. According to Aquinas, the law aims for the common good in the world. By Aquinuas, the law is divided into four, namely:

  1. Lex aerterna, is derived from the ratio of God’s law which can not be captured by the five human senses.
  2. Lex naturalis, is a natural law that comes from God which can be captured by the ratio of human.
  3. Lex divina, comes from the god who revealed in scripture.
  4. Lex positiva, is a positive law that can be derived from human reason which applies in a particular region.

Positive law is defined as the applicable law on certain place and age. This flow is also called formalism because the moral law must be separated with through the formal process. According to Hans Kelsen, the law must be purged of political factors, sociological, and philosophical by this doctrine called the doctrine of pure law. According to John Austin, the law is the command of the sovereign or supreme authority within a country. This doctrine is also called analytical jurisprudence. According to the law of commandments contained four elements, namely, penalties, liabilities, and sovereignty.

Utilitarianism

This school emphasizes the usefulness that can be achieved, namely in the form of happiness because basically every human behavior aims is to achieve happiness. According to Bentham, humans will do anything to obtain maximum enjoyment and suppress the pain as low. According Jhering, the law is made purposely as a means for people to achieve certain goals. Bentham’s teachings emphasize the individual while Jhering emphasizing social.

History and Culture

Laws can only be understood by examining the history and culture behind the emergence of the relevant law. According to Savigny, the law is not made ??but grows and developed together with community. Meanwhile, according to Maine, the law develops in the direction of development of society from status to contract. Basically, this flow provides a framework of legal culture, which every nation has a soul of the people who vary by time and place.

Sociological Jurisprudence

Sociological jurisprudence is a school which examines legal associated with values ??that live and thrive in society. According to Ehrlich, the law can be distinguished between positive law and the law of life. According to Pound the law is a social institution that serves to meet social needs, namely by providing or guarantee the maximum possible satisfaction of needs with minimum impact and waste. According to this flow, the law is not only potentially but it is a mechanism of control and social engineering.

Pragmatic Legal Realism

Law embodied and manifested in the form of decisions made ??by judges, because all of it sourced in the sense or the ratio of regulatory decisions. According to Llewellyn, the conception of the law will change in accordance with developments in society therefore legal institutions should be able to function in accordance with the objectives and results achieved and their consequences. According to Frank, each case is a separate issue that requires study, creation, and specific decisions.

According to Holmes, a legal obligation is only a conjecture that if a person acts or omissions will suffer according to the judge’s decision. According to this flow, the law in the judicial process is different from in the regulations, court’s decision reflects a pattern of behavior of judges.

In essence the law is a norm that governs the behavior within the scope of interpersonal relationships. In consequence, all these legal philosophies schools was held or made ??and adhered to the creation of legal norms for the peaceful living together.

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