scholarly journals MENGGUGAT RELASI FILSAFAT POSITIVISME DENGAN AJARAN HUKUM DOKTRINAL

2012 ◽  
Vol 12 (1) ◽  
Author(s):  
FXAdji Samekto

In the teaching of law, there is often "mistaken", that puts legal positivism (jurisprudence)  is identical with the philosophy of positivism. Legal positivism be identified as an instance of positivism philosophy intact. The study of legal positivism, in fact very closely related to the philosophy and teachings of the law from time to time. The effects of natural law in the scholastic era, then the era of rationalism and the influence of positivism in the philosophy of natural science is very attached to the legal positivism until today. Therefore not only the philosophy of positivism affecting the development of legal positivism. Based on that then the legal positivism in fact has a characteristic which is different from the social sciences. If the social sciences were developed based on the philosophy of positivism, the doctrinal teaching of the law is not entirely been developed based on the philosophy of positivism. Not all the logical positivist philosophy can be applied in the doctrinal law. Keywords : positivism, legal positivism, doctrinal

1984 ◽  
Vol 3 (1) ◽  
pp. 29-33
Author(s):  
P. C. Haarhoff

The first technological revolution, in the fourth millennium BC, was followed by immense social progress. The second revolution, which is now taking place, could lead to an even greater development in the human sciences, by setting men free from their daily struggle for existence while simultaneously exacting high social standards. Natural law - the “marriage between the ways of heaven and the ways of earth” of the Chinese - represents a route to such progress. In natural science and technology, natural law demands that conclusions be based on observation rather than speculation. The social sciences would do well to follow this example.


2010 ◽  
Vol 35 (04) ◽  
pp. 1137-1154 ◽  
Author(s):  
Paul van Seters

The late Philip Selznick's final book, A Humanist Science, examines the role of values and ideals in the social sciences, including the study of law and society. Throughout his academic career, Selznick was committed to what he called “legal naturalism,” a sociological version of the natural‐law perspective, while his critics continue to adhere to various forms of positivism. But the age‐old opposition between natural law and legal positivism today may be giving way to the quest for public sociology—a sociology that promotes public reflection on significant social issues and thus functions as a moral and political force. A Humanist Science ends with a strong plea for public philosophy. Public philosophy overlaps with public sociology but is a much stronger concept. Selznick's message of public philosophy may be another of his enduring contributions to the field of law and society.


Author(s):  
Corrado Roversi

Are legal institutions artifacts? If artifacts are conceived as entities whose existence depends on human beings, then yes, legal institutions are, of course, artifacts. But an artifact theory of law makes a stronger claim, namely, that there is actually an explanatory gain to be had by investigating legal institutions as artifacts, or through the features of ordinary artifacts. This is the proposition explored in this chapter: that while this understanding of legal institutions makes it possible to find common ground between legal positivism and legal realism, it does not capture all of the insights offered by these two traditions. An artifact theory of law can therefore be necessary in explaining the law, but it will not suffice to that end. This chapter also posits that legal artifacts bear a relevant connection to certain conceptions of nature, thus vindicating one of the original insights behind natural law theory.


2020 ◽  
Vol 176 (1) ◽  
pp. 1
Author(s):  
Christoph Engel ◽  
Urs Schweizer
Keyword(s):  

Author(s):  
Alex Rosenberg

Each of the sciences, the physical, biological, social and behavioural, have emerged from philosophy in a process that began in the time of Euclid and Plato. These sciences have left a legacy to philosophy of problems that they have been unable to deal with, either as nascent or as mature disciplines. Some of these problems are common to all sciences, some restricted to one of the four general divisions mentioned above, and some of these philosophical problems bear on only one or another of the special sciences. If the natural sciences have been of concern to philosophers longer than the social sciences, this is simply because the former are older disciplines. It is only in the last century that the social sciences have emerged as distinct subjects in their currently recognizable state. Some of the problems in the philosophy of social science are older than these disciplines, in part because these problems have their origins in nineteenth-century philosophy of history. Of course the full flowering of the philosophy of science dates from the emergence of the logical positivists in the 1920s. Although the logical positivists’ philosophy of science has often been accused of being satisfied with a one-sided diet of physics, in fact their interest in the social sciences was at least as great as their interest in physical science. Indeed, as the pre-eminent arena for the application of prescriptions drawn from the study of physics, social science always held a place of special importance for philosophers of science. Even those who reject the role of prescription from the philosophy of physics, cannot deny the relevance of epistemology and metaphysics for the social sciences. Scientific change may be the result of many factors, only some of them cognitive. However, scientific advance is driven by the interaction of data and theory. Data controls the theories we adopt and the direction in which we refine them. Theory directs and constrains both the sort of experiments that are done to collect data and the apparatus with which they are undertaken: research design is driven by theory, and so is methodological prescription. But what drives research design in disciplines that are only in their infancy, or in which for some other reason, there is a theoretical vacuum? In the absence of theory how does the scientist decide on what the discipline is trying to explain, what its standards of explanatory adequacy are, and what counts as the data that will help decide between theories? In such cases there are only two things scientists have to go on: successful theories and methods in other disciplines which are thought to be relevant to the nascent discipline, and the epistemology and metaphysics which underwrites the relevance of these theories and methods. This makes philosophy of special importance to the social sciences. The role of philosophy in guiding research in a theoretical vacuum makes the most fundamental question of the philosophy of science whether the social sciences can, do, or should employ to a greater or lesser degree the same methods as those of the natural sciences? Note that this question presupposes that we have already accurately identified the methods of natural science. If we have not yet done so, the question becomes largely academic. For many philosophers of social science the question of what the methods of natural science are was long answered by the logical positivist philosophy of physical science. And the increasing adoption of such methods by empirical, mathematical, and experimental social scientists raised a second central question for philosophers: why had these methods so apparently successful in natural science been apparently far less successful when self-consciously adapted to the research agendas of the several social sciences? One traditional answer begins with the assumption that human behaviour or action and its consequences are simply not amenable to scientific study, because they are the results of free will, or less radically, because the significant kinds or categories into which social events must be classed are unique in a way that makes non-trivial general theories about them impossible. These answers immediately raise some of the most difficult problems of metaphysics and epistemology: the nature of the mind, the thesis of determinism, and the analysis of causation. Even less radical explanations for the differences between social and natural sciences raise these fundamental questions of philosophy. Once the consensus on the adequacy of a positivist philosophy of natural science gave way in the late 1960s, these central questions of the philosophy of social science became far more difficult ones to answer. Not only was the benchmark of what counts as science lost, but the measure of progress became so obscure that it was no longer uncontroversial to claim that the social sciences’ rate of progress was any different from that of natural science.


2004 ◽  
Vol 5 (3) ◽  
pp. 197-236 ◽  
Author(s):  
Christoph Engel

Lawyers are the engineers of the social sciences, and their doctors. Neither is good for reputation in interdisciplinary exchange. Social scientists often show contempt for a discipline that seems too close to reality to meet hard methodological standards, and too much concerned by pathologies that are beyond the reach of their methodological tools. As with many prejudices, there is a grain of truth in this one. But not all law is about making decisions and judgements in the face of a reality that is at best partly understood. The legal discipline has its own methodological standards. For the sake of internal clarity, it aims at parsimony. But modelling is not the legal path to methodological rigor. The legal equivalent boils down to one simple question: who asks whom for what? The law splits abstract problems into a series of cases. It reaches parsimony via the selection and sequence of cases. These hypothetical cases are like histological cuts through the social tissue. The legal discipline starts cutting at cases for which existing legal tools seem particularly wellsuited. If these cases are understood, the legal discipline then starts again with the more demanding ones. It is hoped that the sequence of cases leads to an understanding of situations that seemed inaccessible at the outset.


1980 ◽  
Vol 46 (2) ◽  
pp. 591-612
Author(s):  
R. L. Schnell

History is the cultural science most open to penetration by the social sciences whose system-builders are attracted by the totality of human experience offered. Although it does not fit the natural science paradigm popular among the social sciences, history does have an affinity for psychoanalysis which in a clinical setting attempts to understand a particular human life in its uniqueness and complexity. An examination of two socially oriented psychoanalysts, Erik Erikson and Robert Giles, illustrated the similarity of the spirit of inquiry behind history and psychoanalysis and suggests that the psychoanalytic method of the clinic can be applied to historical data.


2001 ◽  
Vol 18 (1) ◽  
pp. 227-251 ◽  
Author(s):  
Michael Zuckert

Montesquieu is not often thought of as a significant natural law thinker. The article on natural law in theInternational Encyclopedia of the Social Sciencesdiscusses many theorists of the natural law, but Montesquieu is not among them. A valuable older survey of natural law theorizing by legal philosopher A. P. d'Entrèves cites the Frenchman but once, as a very minor character in a story with far more significant actors—Thomas Aquinas, Hugo Grotius, even Georg Hegel. A yet more comprehensive survey of the topic,Natural Law and Human Dignity, by French philosopher and social theorist Ernst Bloch, does not mention Montesquieu at all.


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