Chapter 1: Exploring the Core Concept - What Is Das Sein?

Das Seinis a German term that literally means "that which is" or "reality". In the context of law,Das Sein is the world of facts, social reality, and everything that actually happens in society.Das Sein is descriptive. It does not give a judgment of right or wrong, good or bad. It only portrays reality as it is.Characteristics of Das Sein:
  • Factual: Based on observable and verifiable events.
  • Empirical: Can be proven through experience and sensory observation.
  • Descriptive: Only describes, does not command.
Example Das Sein in Everyday Life:
  • Fact: Many drivers do not stop behind the white line when the light is red. (Das Sein)
  • Fact: The practice of "hush money" when traffic violations occur still exists. (Das Sein)
  • Fact: People on riverbanks throw garbage directly into the water flow. (Das Sein)
  • Fact: A company pays its workers wages below the Regional Minimum Wage (UMR). (Das Sein)
In legal science, the study ofDas Seinthis becomes the main domain ofSociology of Law". Sociology of Law does not ask "What does the article say?", but rather "How does the law work in society? What social factors influence the effectiveness of the law?". It sees law as a social phenomenon. The legal term that often intersects withDas Seinisius constitutumin its implementation order, namely the positive law that applies and how it is applied in the field. In short,Das Sein is a mirror of the real behavior of all of us in society.