Filsafat Hukum (Aliran Filsafat Hukum Alam)
Updated: November 15, 2024
Summary
The video discusses different schools of legal philosophy, focusing on the objects of legal philosophy such as existing laws, future laws, and potential laws based on societal changes. It explores the importance of studying various legal philosophies to gain a thorough understanding of legal theories and perspectives over time. The video delves into natural law philosophy, tracing its origins, the quest for absolute justice, and key figures like Thomas Aquinas and Immanuel Kant who contributed to the rationalization of natural law. It distinguishes between rational and irrational natural law, emphasizing the rational perspective's focus on human reason and morality. Additionally, it highlights the evolution of rational natural law post-Enlightenment and its influence on international law concepts.
TABLE OF CONTENTS
Introduction to Legal Philosophy
Object of Legal Philosophy
Types of Object Material in Legal Philosophy
Significance of Studying Legal Philosophy
Types of Legal Philosophy Schools
Discussion on Natural Law
Key Figures in Natural Law Philosophy
Rational and Irrational Natural Law
Evolution of Rational Natural Law
Introduction to Legal Philosophy
Discussing different schools of legal philosophy, starting with the position of legal philosophy, understanding the objects of legal philosophy which include material law and laws that may exist in the future.
Object of Legal Philosophy
Exploring the objects of legal philosophy, including existing laws, laws that will exist in the future, and laws that may or may not exist based on societal developments.
Types of Object Material in Legal Philosophy
Examining the three types of object material in legal philosophy: laws that will exist, laws that currently exist, and laws that may or may not exist in the future based on societal, technological, and legal advancements.
Significance of Studying Legal Philosophy
Understanding the importance of studying different schools of legal philosophy to gain a comprehensive understanding of legal theories, perspectives, and developments over time to enhance understanding of law in general.
Types of Legal Philosophy Schools
Exploring various schools of legal philosophy including natural law, positivism, utilitarianism, historical perspective, sociological jurisprudence, and legal realism.
Discussion on Natural Law
Delving into natural law philosophy, its origins, the concept of seeking absolute justice, its universality, and the rational and irrational sources of natural law.
Key Figures in Natural Law Philosophy
Highlighting key figures in natural law philosophy such as Thomas Aquinas, John Salsbury, Grotius, and Immanuel Kant, who contributed to the secularization and rationalization of natural law.
Rational and Irrational Natural Law
Distinguishing between rational and irrational natural law, discussing the anthropocentric nature of rational natural law, and its focus on human reason and judgment of right and wrong based on morality.
Evolution of Rational Natural Law
Tracing the evolution of rational natural law post-Enlightenment, particularly emphasizing the separation of reason and divine rules, and the role of figures like Hugo de Groot in international law concepts.
FAQ
Q: What are the objects of legal philosophy discussed in the file?
A: The objects of legal philosophy include material law and laws that may exist in the future.
Q: What are the three types of object material in legal philosophy outlined in the file?
A: The three types of object material in legal philosophy are laws that will exist, laws that currently exist, and laws that may or may not exist in the future based on societal, technological, and legal advancements.
Q: Why is studying different schools of legal philosophy important?
A: Studying different schools of legal philosophy is important to gain a comprehensive understanding of legal theories, perspectives, and developments over time to enhance the understanding of law in general.
Q: Which are some of the various schools of legal philosophy explored in the file?
A: Some of the various schools of legal philosophy explored in the file include natural law, positivism, utilitarianism, historical perspective, sociological jurisprudence, and legal realism.
Q: What is natural law philosophy and who are some key figures associated with it?
A: Natural law philosophy is the concept of seeking absolute justice with origins in rational and irrational sources. Key figures associated with natural law philosophy include Thomas Aquinas, John Salsbury, Grotius, and Immanuel Kant.
Q: What is the focus of rational natural law in legal philosophy?
A: Rational natural law in legal philosophy focuses on human reason and judgment of right and wrong based on morality and is anthropocentric in nature.
Q: How did rational natural law evolve post-Enlightenment?
A: Post-Enlightenment, rational natural law evolved by emphasizing the separation of reason and divine rules, with figures like Hugo de Groot contributing to international law concepts.
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