Legal Literacy - This article discusses progressive law initiated by legal maestro Prof. Satjipto Rahardjo. According to him, law is for humans, not humans for the law.
Satjipto Rahardjo's Legal Philosophy: Law for Human Welfare
In essence, the philosophy of law is "law for humans, not humans for the law." This philosophy shows that law has the task of serving society, not the other way around. Therefore, to measure the quality of a law, we can look at its ability to serve human welfare.
If we look at Prof. Satjipto Rahardjo's thinking above, we understand that this thinking has the same context as the utilitarianism stream initiated by Jeremy Bentham, which states that the purpose of law is to achieve "the greatest happiness for the greatest number of people."
Read Also:Jeremy Bentham's Theory of Legal Utility: Law for Happiness and Justice
Prof. Satjipto Rahardjo's holistic consistency of thought towards law leads him to think beyond positivistic thinking towards law while trying to include law in the realm of social sciences, one of which is sociology.
Linking other sciences as auxiliary sciences in law is a very progressive step. With other social sciences as auxiliary sciences, we will be able to obtain the scientific quality of law.
Schuyt says that advances in scientific fields outside of law should encourage legal experts to provide adequate reactions and be able to sort out with the help of other disciplines, determining which legal issues can be resolved properly.
People can no longer focus on one object separated from its environment, but rather allow the object to unite with its environment. Cartesian, Baconian, and Newtonian analytical methodologies do not lead us to a correct understanding of something. Holistic methodology is not only in physics, but also in medicine, psychology, and other social sciences.
Following a holistic approach in legal science, it becomes the duty of scientists to reunite law with its environment, nature, and the larger order of life. Incorporating the study of law into this larger order aims to eliminate the separation between law and human life.
This is what is called restoring law to its integrity. Brian Z. Tamanaha stated that law and society have a framework called 'the law-society framework' which has specific relationship characteristics.
The relationship is demonstrated by two basic components. The first component consists of two main themes, namely the idea that law is a mirror of society and the idea that the function of law is to maintain 'social order.' The second component consists of three elements: custom/consent and morality/reason can be understood in Donal Black's thinking as culture.
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