Legal Literacy - Introduction legal philosophy is a field of study that teaches the philosophical concepts underlying the law. Legal philosophy does not merely discuss legal regulations technically, but rather focuses on understanding the philosophical foundations that form the legal system. An introduction to legal philosophy provides a theoretical and reflective foundation for law students to understand fundamental questions, such as what is law, where does law come from, and how does law affect society. Concepts such as justice, truth, and ethics are the main focus in the introduction to legal philosophy, providing an in-depth understanding of the values that form the legal basis of a society. Through the study of legal philosophy, students can develop essential critical and analytical thinking skills in responding to legal issues contemporary.
Definition of Philosophy
Philosophy (from Greek φιλοσοφία, philosophia, literally meaning "lover of wisdom") is the study of fundamental and general problems concerning matters such as existence, knowledge, value, reason, mind, and language. The term was probably first expressed by Pythagoras (570–495 BC).
In German and Dutch it is called “PILOSHOPIE”, in English, “PHILOSOPHY”. In Indonesian, “Filsafat or Falsafah” is used. The Big Indonesian Dictionary (KBBI): “Filsafat” means knowledge and investigation with reason about the nature of everything that exists, the cause, origin and law.
Definition of Legal Philosophy
Legal philosophy is a branch of philosophy that delves into philosophical questions related to law. Legal philosophy tries to understand the nature, purpose, and moral foundations of legal systems and legal concepts. In this sense, philosophy law opens up space for in-depth consideration of the essence of law, the moral principles that underlie it, as well as its social and political implications.
According to Satjipto Rahardjo, the philosophy of law questions the fundamental questions of law. In line with that, Mahadi said that the philosophy of law is a philosophy that discusses something in the field of law in depth to its roots.
Therefore, the philosophy of law can be formulated as a view of metaphysical problems and values, not related to the technical elements of law, and starting from a metajuridical point of view, aiming to understand the law as a whole and completely.
The Position of Legal Philosophy
The position of philosophy law as a branch of philosophy is more on analysis and understanding of the philosophical concepts underlying the law, rather than providing guidance or concrete legal rules. The philosophy of law involves the analysis of fundamental legal concepts, such as justice, freedom, responsibility, and human rights.
Legal philosophical thinking tries to answer abstract questions such as,"Is the law fair?" or "What is the purpose of the legal system?" In addition, the philosophy of law also discusses the relationship between law and morality. Questions like "Does the law always reflect morality?" or "How can law influence moral behavior? become part of the study of the philosophy of law.
Thus, the Philosophy of Law is a special philosophy that underlies the science of law, which includes ontological, epistemological and axiological aspects. The Philosophy of Law is a branch of Ethics Philosophy that studies law philosophically, where "Law" as the object is studied in depth to the basic core, or to its roots, which is called "the essence of law".
An introduction to the philosophy of law is an effort to understand and detail the philosophical foundations that underlie the legal system of a society. In this context, axiology, ontology, and epistemology become key concepts that form the foundation of the philosophy of law.
Axiology is a branch of philosophy that studies the values, goals, and ethics behind the law, discussing rights and justice. Meanwhile, Ontology is the essence or reality that underlies the existence of law, explaining whether the law is objective or subjective.
Meanwhile, epistemology is related to the source of legal knowledge and how we understand and acquire knowledge about law.
An introduction to these three concepts allows for a deeper understanding of the philosophical aspects that form the legal structure and provide a basis for the development of relevant and sustainable legal theories.
Schools of Thought in Legal Philosophy
In legal philosophy, there are various schools of thought that differ from one another. Some important schools of legal philosophy include:
- Legal realism, which argues that law is what is decided by judges.
- Legal idealism, which argues that law is what should be enforced, regardless of what is decided by judges.
- Legal naturalism, which argues that law originates from nature and is universal.
- Legal positivism, which argues that law originates from the state and is positive.
- Sociology of law, which argues that law is a product of society and is influenced by social factors.
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