The Basics Of The Science Of Law

The Basics Of The Science Of Law -Understanding and the limitations of the science of positive lawAccording to g. Radbruch in Rechts philosophie is the science of law in a country or a particular society at a particular moment or known as ius constitutum, (not the ius constituendum or ius naturale or natural law.) As a reaction of ratio scripta. as a reaction of the natural law which is derived from divine revelation. As a correction for us, that opinion is wrong. Science in the world this is just like a drop of water from the ocean which he arranged objects at once became the subject (doer), so the scientific method used is the method of science humanities (Humanities), also called geisteswissenscaften, has a pragmatic methodology and consequences of causality that is correct in accordance with positive Law does not use the consensus method of science pastialam/naturwissenschaften. Jurist was greatly influenced by several factors, such as the existence of reasons of forgiving, the reason is weight penalty.
The Meaning Of The Legal Objective &

Individuals, society and the law.
Man as a social creature in relations in the community, sometimes arising disputes, so that the necessary law.

The meaning/definition of Law

Van Apeldorn
The law is the set of rules (commands – the prohibition), which administers the code of conduct of a society and therefore must be adhered to by the community itself.

Soedjono Dirdjosisworo, The:
Law within the meaning of the provisions of the law in the sense of a ruler, the officers, the law in the sense of the attitude of the legal acts, in the sense of method/system of norms (which includes the method of religion (as a source of confidence in God Almighty), norms of decency/Bob as a source of moral, norms of decency/fatsoen as sources of beliefs concerned community and legal norms, the law in the sense of the tangle of legal value, in the sense of the law and legal nomenclature in the sense of legal science.

The Elements Of The Law
Ø rules on human behavior in the Association community;
Ø a regulation was being held by the Agency – the Agency of the official authorities;
Ø a regulation is forcing;
Ø sanctions against violations of the regulations is unequivocal.

Legal characteristics
Ø Orders ban on contradiction
Ø x dispensation Permits
Ø do something x Tidakmelakukan something


The nature and purpose of the law

The nature of law
Usually in private law is set up and in public law, forcing

The purpose/function of law
Justice can be reached through the regularity, order, certainty
QS Al Maidah: 8:

O believers, be stand for God, to witness with justice, not interested because of the hatred the mu to one House, so you don't do justice. Apply adillah, because justice was closer to taqwa and fear Allah, verily Allah is knowing what you're working on.

THE LAW OF SOCIAL RULE &
In the life of society, it should be a rule that can organize his life. The rules that exist in the community, can be either social norms/rules or in the form of the rule of law. Social rule that exists in the society, distinguished into religious norms, the norms of morality and norms of civility. The enactment of the rule/social norms within the community occur if has become a liability that must be adhered to. In this case it's called has become a positive moral

Kinds of norms
Social norms, consists of:
Religious Norms
The norms of decency
The Norms Of Politeness
Legal Norms
Ø/kaidah religious Norms
Ø is the teachings of the religion practiced by adherents
Ø the enactment of religious norms in the community tergantuk on the belief of people who run it.
Ø Strong weak implementation of religious norms in a society can be influenced also by the influence of the holder of the authority
Ø for example in Islamic law there is the teaching of habblumminallah and hablumminannas
Ø-performance of teaching depends on the faith of believers. Tie it when there is a conviction.
The norms of decency
Ø Norm budi, also the norm of conduct or customary
Ø this norm was born in innate in humans as immoral.
Ø sense of humanity underlying the existence of this norm.
Ø for example, we will not let any neighbors who fell out of the attic.
Ø the habit is a pattern of repeated follow-up regarding the same events with regard to the same thing anyway.
Ø New binding when the people feel that the habit of it worth to keep/kept.

The norms of politeness
Ø also called fatsoen norms.
Ø this decency Norms are often not binding because the criteria between different regions is politeness.
Ø it depends on its environment.
Ø Power tie it based on the size of a community.
Ø whether Binding norm it in society lies in the belief that is the norm can be enforced if there is a break it. ..
Ø ability to distinguish between good and bad or this is a source of ethical awareness berkaidah (normbewustein).
Ø Ability to distinguish good or bad this thing called morals.
Ø private or individual Morals are autonomous, versus

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