Sociological jurisprudence: An alternative to seeking justice and certainty of law through roscoe pound’s thinking

Penulis: Arinta, Puri RahayuMendrofa, James F.Hadinata, Fristian
Informasi
JurnalPhilosophy and the Everyday Lives
PenerbitNova Science Publishers, Inc.
Halaman3 - 20
Tahun Publikasi2021
ISBN978-153619219-3
Jenis SumberScopus
Sitasi
Scopus: 3
Google Scholar: 3
PubMed: 3
Abstrak
This study seeks to show the lack of a legal system of analytic jurisprudence and historical jurisprudence that influences the social life of society and proposes Sociological Jurisprudence as an alternative. Through the method of critical analysis of the workings of jurisprudence can be found social influence on justice and legal certainty in the concept of jurisprudence. Analytic jurisprudence has a legal concept that is more inclined towards the development of science, so that the law is considered more objective and independent of dynamic social reality through the use of scientific methods. On the other hand, historical jurisprudence responds to this by returning the law to the reality that is running. Law is a real thing and happens to society. It is not a set of analogies that are formed to suit the reality of society. Through critical analysis method, the problem in those two types of jurisprudence occur as similar in natural sciences. There are at least two criticisms that are directed at efforts to tighten the law like the natural sciences. First, the phenomena they are trying to focus on are different and not in one category. The purpose is related to different objects of inquiry, where natural science focuses on matter issues, while social science focuses on humans. Second, the area of social science whose object is human has conditions that are different from natural science. In the tension between the two types of jurisprudence, the author assumes that there is an alternative need for jurisprudence that is renewable so as to answer the shortcomings of analytical and historical jurisprudence, namely sociological jurisprudence. Sociological Jurisprudence is a legal thought which states that law must be stable but on the other hand it must be able to adapt itself to dynamic social development. © 2021 by Nova Science Publishers, Inc.
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