scholarly journals Paradigma Filsafat Positivisme Hukum Di Indonesia

2018 ◽  
Vol 7 (2) ◽  
pp. 322-341
Author(s):  
Ramlani Lina Sinaulan
Keyword(s):  
Social Science ◽  
Social Problems ◽  
Philosophy Of Law ◽  
Distinctive Character ◽  
Positive Science ◽  
Legal Science ◽  
State And Society ◽  
Legal Opinions ◽  
Alternative Solutions

Abstract: The science of law has a unique and distinctive character where every country has its own peculiarities. The development of legal science is influenced by the views of the jurists. In issuing legal opinions, the jurists are often influenced by their education and scholarship that will always be subjective depending on the paradigm used. Nevertheless, Indonesia, through the fourth paragraph of the Preamble of the 1945 Constitution of RI affirmed that Pancasila is as a paradigm in all life of state and society. Pancasila is the only paradigm (philosophy) of law that is recognized in some legislations. Pancasila is one of the elements that characterize the uniqueness of the Indonesian state. As a positive science, the science of law contains a normative nature in practice based on social science strategy. So that, the science of law aims to providing alternative solutions to solve concrete social problems. The use of social science strategy is not intended to change the normative nature of the science of law, but adopts Pancasila as the legal paradigm (philosophy).Abstrak: Ilmu hukum memiliki sifat yang unik dan khas dimana setiap negara memiliki kekhasan sendiri yang mempengaruhi perkembangan ilmu hukumnya. Perkembangan ilmu hukum dipengaruhi oleh pandangan para ahli hukum di dalamnya. Ilmuwan hukum dalam mengeluarkan pendapat dipengaruhi oleh pendidikan dan keilmuannya dan akan selalu bersifat subjektif bergantung pada paradigma yang digunakan. Namun demikian, Indonesia melalui Alinea IV Pembukaan UUD RI 1945 menegaskan bahwa Pancasila sebagai paradigma dalam seluruh kehidupan bernegara dan bermasyarakat. Pancasila merupakan satu-satunya paradigma (filsafat) hukum yang diakui dan dinormatifkan pengakuan tersebut dalam beberapa peraturan perundang-undangan. Pancasila adalah salah satu unsur yang mencirikan keunikan dan kekhasan dari negara Indonesia. Adapun ilmu hukum sebagai ilmu positif mengandung sifat normatif yang dalam pengembanan praktisnya bergerak berdasarkan strategi ilmu sosial, sehingga ilmu hukum memiliki tujuan memberikan solusi alternatif penyelesaian masalah konkret dalam masyarakat. Penggunaan strategi ilmu sosial tersebut bukan dimaksudkan untuk mengubah sifat normatif dari ilmu hukum, namun mengadopsi Pancasila sebagai paradigma (filsafat) hukum.

Understanding diversity in later life and a new culture of aging: Sociology of aging in Japan

2021 ◽  
pp. 026858092110053
Author(s):  
Daisuke Watanabe
Keyword(s):  
Social Science ◽  
Older People ◽  
Social Isolation ◽  
Social Problems ◽  
Family Care ◽  
Later Life ◽  
Social Disparities ◽  
Mutual Aid ◽  
Care Problems ◽  
Sociological Studies

This essay introduces sociological studies on aging and related topics in Japan since 2000. It argues the three following points. First, the results of sociological studies on aging, and those from related social science disciplines, have moved away from a uniform understanding of aging to reveal greater diversity in the process. Second, it has become apparent that older people face various social problems, such as social isolation, social disparities, and family care problems. Studies have argued that it is essential to support mutual aid in the community. Finally, the reflexivity of high modernity attempts to push the problem of aging towards autonomy, but a new culture of aging assumes that dependence has the potential to overcome this reflexivity.

scholarly journals Qualitative Research in Communication. Introductory Remarks

2016 ◽  
Vol 15 (3) ◽  
pp. 9
Author(s):  
Mireia Fernández-Ardèvol ◽  
Corina Daba-Buzoianu ◽  
Loredana Ivan
Keyword(s):  
Qualitative Research ◽  
Social Science ◽  
Social Problems ◽  
Communication Practices ◽  
Methodological Approaches

<p>Questions regarding communication practices in everyday interactions and how people attribute meanings to the communication acts are issues frequently addressed by social-science researchers and practitioners. Qualitative research may reveal possible answers, as it tends to be concerned with meanings (Willig, 2013). This approach can also contribute to addressing social problems from a perspective that might complement other methodological approaches.</p>

Capitalism, Socialism, and Technocracy

2019 ◽  
pp. 321-347
Author(s):  
Jeffrey Friedman
Keyword(s):  
Public Goods ◽  
Social Problems ◽  
Private Sphere ◽  
Wealth Redistribution ◽  
And Behavior ◽  
Alternative Solutions

An alternative to the Hobson’s choice may be called “exitocracy.” In such a regime, exit would be preferred to voice when possible. This would enable people to experiment, as Dewey advocated, but without attempting to understand or predict the ideas and behavior of millions of anonymous others, as technocracy expects us to do. Exit is not a panacea for social problems, but it may be a superior remedy to those offered by technocracy, which make exacting epistemic demands. An exitocracy would facilitate exit by creating a robust private sphere, enabling capitalist competition to provide alternative solutions to people’s personally experienced problems, and an equally robust program of socialist wealth redistribution to enable people to pay for these solutions. Public goods, though, would still have to be provided in traditional technocratic fashion. This raises the question of whether the critique of technocracy is best seen as institutional or, instead, as cultural.

scholarly journals BRIDGING THE GAPS : A PARADIGMATIC INSIGHT INTO PHILOSOPHY OF LAW

2016 ◽  
Vol 1 (1) ◽  
pp. 1 ◽  
Author(s):  
Erlyn Indarti
Keyword(s):  
Legal Theory ◽  
Building Blocks ◽  
Legal Philosophy ◽  
Philosophy Of Law ◽  
Legal Science ◽  
Insight Into

Paradigm represents a worldview that defines, for its holder, the nature of theworld, the individual's place in it, and the range of possible relationships to thatworld and its parts. It comprises of four main elements, i.e. ontology, epistemology,methodology, and methods. Within the discipline of law, there seem to be two setsof gaps separating philosophy of law's building blocks that dissociate, first, legalpractice from legal theory and, second, legal science from legal philosophy. It isthe purpose of this article, with the help of paradigmatic insight, to bridge thosegaps.Keywords: law, philosophy of law, paradigm, paradigmatic study of law

scholarly journals Time for Punishment with Subjectivity: Study Philosophy of Law

2019 ◽  
Vol 1 (1) ◽  
pp. 17
Author(s):  
Aditya Yuli Sulistyawan
Keyword(s):  
Law Enforcement ◽  
Legal Positivism ◽  
Legal Philosophy ◽  
Public Concern ◽  
Philosophy Of Law ◽  
Legal Cases ◽  
The Real ◽  
Legal Science ◽  
The Law

<p class="IABSSS">The dominance of legal positivism in thought and law enforcement is a reality. Saintism of legal science presents a law that is conceptualized as something that exists in sensory terms, along with its straightforward, rational, and objective nature. Law is always requested objectively. Objectivity is done by freeing the subject's mind to the legal reality that already exists as an object. Therefore, various legal cases such as the case of Asyani, Rasminah, Minah and others, are things that are easily proven as violating the law because it is a violation of the text of the article of law. Such a way of law, is now starting to become a public concern. So, when objectivity begins to be questioned, that's when the real subjectivity of asking begins to be considered - and this will be explained [only] in the study of legal philosophy, especially paradigmatic studies. This paper will discuss the possibility of subjectivity in law, which will be presented in the paradigmatic study.</p>

scholarly journals THE FUNDAMENTALS OF MODERN LEGAL SOCIAL STUDIES AND OUR PAST NOT RETHOUGHT ERRORS

2020 ◽  
Vol 16 (3) ◽  
pp. 120-126
Author(s):  
Фанис Раянов
Keyword(s):  
Social Science ◽  
Comparative Method ◽  
Developed Countries ◽  
Theoretical Description ◽  
Russian Society ◽  
Legal Norms ◽  
Legal Science ◽  
Science Theory ◽  
Foreign Countries ◽  
Urgent Task

An urgent task in the field of updating the theoretical and methodological foundations of the current post-Soviet development of science "Theory of State and Law" is searching for a methodology that would contribute to the successful development of our entire Russian society. Therefore, the purpose of the article is to analyze and clarify the reasons for the national theoretical legal science departure from the natural legal foundations of its development in Soviet times. The methods for achieving this purpose are, first, the historical and theoretical description of the generality of natural legal norms and principles origin and their objective influence on the entire legislative and law enforcement practice. For this, the techniques of a specialized social science approach are used. The comparative method is also used in the form of positive experience in conducting social science matters in a number of foreign countries. Results: the study makes it possible to identify the ways of the influence of globalization processes on the intensification of the use of natural legal methods of development of juridical law in different, especially in developed countries of the world. The author substantiates the conclusion that Russian theoretical legal science can develop successfully if in its development it relies more fully on a specialized social science method.

scholarly journals methodological conflict between theory and philosophy of law

2021 ◽  
Vol 5 (S3) ◽  
Author(s):  
Sergey S. Shestopal ◽  
Elena A. Kazachanskaya ◽  
Svetlana V. Kachurova ◽  
Evgeniy V. Kachurov
Keyword(s):  
Modern Philosophy ◽  
Ontological Status ◽  
Philosophy Of Law ◽  
Legal Science ◽  
Scientific Disciplines ◽  
The Subject ◽  
The Law ◽  
Theory Of Law

The subject of this research is the recently intensified competition in modern jurisprudence of two equally respectable scientific disciplines: philosophy of law and theory of law. The goal is to demarcate the meaning of these concepts. Their ontological status (essential significance) in relation to the existence of the law, the reflection of which they are, is also considered. Based on analysis of the existential criticism of the dominant forms of modern ideology, it is proved that the existing theories of law depend on these forms. A stable tendency in modern philosophy to return legal science to the origins of philosophical knowledge of legal reality is stated.

scholarly journals Wojna z terroryzmem a filozofia prawa. Uwagi na marginesie wydarzeń po 11 września 2001 r.

2018 ◽  
Vol 2 (2) ◽  
pp. 244-255
Author(s):  
Karol Dobrzeniecki
Keyword(s):  
Special Reference ◽  
Natural Law ◽  
Common Good ◽  
Public Safety ◽  
Philosophy Of Law ◽  
Legal Science

The article examines to what extend existing philosophy of law and especially natural law doctrine may be applied in the discourse on legitimization of a state fighting terrorism. Since the 9-11 attacks issues of extraordinary threats to public safety occur regularly in scientific discussions among ethics, sociologists, political scientists, security experts. This topic has also became visible in legal science, even in its most unworldly discipline which is philosophy of law. The article is intended to present general tendencies in legal discussions after 9-11 with special reference to aristotelic-tomistic tradition of understanding the notions of common good, the aim of a state and of law.

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