As a school of philosophy of the law, existentialism departs from human as an independent subject. Hence, the existentialist views of law as a product that can not be separated from human existence. Existentialism itself emerged from a critique of Hegelian absolutism of thought. The idealistic Hegel’s view cause humans as individuals are not given a place in this world. Hegel’s view as it is quite closely related to philosophy of the law.

One legal expert who adhered to the schools of existentialist is Hans Maihofer. His views on existentialist were influenced by the German philosopher, Martin Heideger. According to Heideger man is described as an individual subject that should develop themselves objectively. Philosophy of the law are inherently affects, if there is one thought which is considered suitable, then usually the thought or such understanding will inspire many other thinkers.

Therefore, the law was taken as a barrier to individual in developing his freedom. However, if man is left to run his life as he wanted there will be chaos. Each individual will carry out his freedom and caused the clash between freedoms. Therefore, according to Maihofer you have to look for other elements in human life which paved the way for a positive view of the law. He also said that the development of living with is absolutely necessary for the development of each individual existence. The thought to find another way that the law is seen as a positive thing also become part of thinking that is learned in philosophy of the law.

Maihofer view of man as an individual existence long ago has been used by philosophers in developing the concept of law and state. Individuals serve as a starting point to think about the law and the state so the existence of the state aimed at individuals who are in the community or more precisely “state exists for the community, not the people to the state”.

John Locke for example, makes human existence as a basis for thinking about the state of nature. According to Locke, human beings are basically rational and good-natured mentored. Humans live together according to their reasoning considerations, in the absence of opposition parties in between them in the world, and each of them is authorized to assess each others—that’s the picture of natural state.

Although the same stems from the view of human existence, according to Hobbes, humans are basically evil so the need for a rule or a state that can control it is important. In the end, Hobbes wants
harsh and totalitarian state or better known as Leviathan state. Under any circumstances, philosophy of the law in fact remained “exist” to accompany the development of legal science. Despite science of studying the law more about concrete things, the premises about the law is still, will only be obtained when we study the philosophy of the law.