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Understanding Social, Political, and Legal Relationships

Sayid Adam

Contributor

10 Oct 2024 · 08:05 10 October 2024 08:05 WIB 5 minutes reading time: 5 minutes 57 read

A brief and simple discussion of three overlapping and rarely discussed definitions of Social, Political, and Legal.

Understanding Social, Political, and Legal Relationships

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Table of Contents

Definition and History
Checks and Balances in Social Groups
Dichotomy and Determinants Between Politics and Law Based on Organ Theory
Conclusion
References:

Section 3/3: Dichotomy and Determinants Between Politics and Law Based on Organ Theory

Dichotomy and Determinants Between Politics and Law Based on Organ Theory

Politics and law basically have a relationship that is both confrontational (dichotomy) and mutually influential (determinant). For example, according to research by Dr. Miro Cerar, the ontological boundaries or philosophical classification between law and politics are divided into two main views:

Monistic Ontology: A view that considers law and politics to be the same or similar concepts.
Dualistic Ontology: A view that sees the difference between law and politics as a result of pluralistic or diverse human perceptions.

This explanation refers to the organ theory or the influence of a community group, both through general social phenomena, law, and politics. Dr. Miro Cerar argues that politics and law not only have a relationship of conflict or consensus, but more often highlight the main characteristic, namely maintaining balance itself. This causes the political and legal processes to be limited in certain stages to create a clear and structured process.

In short, in political science, social phenomena cannot directly influence extreme changes in existing law and politics. This is due to social characteristics that function to maintain check and balance in a social system, both in politics and law and the processes that exist between the two.

Conclusion

From the discussion above, it can be concluded that the relationship between social, political, and legal aspects is complex but very important to understand as a basis for legal learning. Social as a phenomenon of human interaction, politics as a tool to achieve power, and law as a rule that governs social life, are all interconnected and influence each other.

The concept of checks and balances is key to maintaining stability among the three. With a good understanding of the roles and functions of each, we can better understand why law is not just a rule, but also the result of social and political compromises involving various interests.