Now we enter the main topic, which is Philosophy of Law.
What is philosophy of law? It is simply philosophy that is
applied on law.
According to MR. Soetika, “Philosophy of law is seeking the essence of law; knowing what
lies behind law; researching the principles of law as value consideration;
giving deliberation and values and the explanation of the values; postulating
the law to the very basic; trying to get the roots of law.”
According to Mahadi, “Philosophy of law is philosophy about law, philosophy about
everything in the field of law to the roots deeply.”
According to Satjipto Raharjo, “Philosophy of law studies the fundamental
questions of law; Philosophy of law undertakes legal materials from different
perspectives; Science of positive law only deals with a particular legal
order.”
According to Lili Rasjidi, “Philosophy of law is trying to make the ethics world as a
background that isn’t touched by the five senses, turns into a normative
science; Philosophy of law is trying to find the ideal law that is able to be
the ‘legal basis ‘ and ‘ethics’ for the operation of a society system of
positive law.”
According to Gustav Radbruch:
“ Philosophy of law
contains three aspects:
1.
Aspect of Justice: justice is equality of rights for all people
in court;
2.
Aspect of Purpose: finality, which is determining the substance
of law, because the substance of law is indeed in line with the purpose of law
that is wanted to achieve;
3.
Aspect of Legal certainty or legality: guaranteeing that law is
able to serve as a rule that must be obeyed.”
According to Jan Gijssels and Mark
Van Hoeke, philosophy of law has several studies:
1.
Ontology of Law
Study of the essence of law (The essence of
democracy, relation between law and moral)
2.
Epistemology of Law
Study of legal knowledge (form of
meta-philosophy)
3.
Axiology of Law
Study of determining the substances and
values of law ( Such as eligibility, equality, justice, freedom, rights, etc)
4.
Logics of Law
5.
Ideology of Law
Study of idea
6.
Teleology of Law
Study of meaning and purpose of law
7.
Science of Law
Meta-theory of legal science
Source: http://kuliahhukum12.blogspot.com/p/memahami-filsafat-hukum.html
