Brief Summary
This video explores the definition of legal philosophy by combining the concepts of philosophy and law, referencing various experts and their perspectives. It explains how legal philosophy applies philosophical reflections to law, acting as an ethical assessment and providing a basis for the binding power of law. The discussion covers the nature of law, its purpose, and its relationship with power, society, and existence, highlighting the fundamental questions addressed within legal philosophy.
- Legal philosophy is a specialized application of general philosophy to law.
- It seeks to understand the essence and basis of law, addressing fundamental questions.
- It aims to achieve justice, certainty, and defined objectives within the legal framework.
Introduction to Legal Philosophy
The discussion begins by contrasting philosophy as a reflective way of thinking with law as a set of rules in human life. To define legal philosophy, the video references expert opinions on philosophy and compares them with understandings of legal philosophy from other experts. The term "legal philosophy" is considered a translation of "philosophy of law," which, according to Mochtar Kusumaatmadja, is more appropriately translated as "philosophy of law" rather than "legal philosophy," because law is not just laws and law is not just things that are official.
Philosophical Perspectives on Law
The video relates the term philosophy, referencing Plato's view of philosophy as the science of reality, and applies it to law, defining legal philosophy as the science of legal reality. Similarly, Aristotle's comprehensive view of philosophy, including metaphysics, logic, rhetoric, ethics, political economy, and aesthetics, extends to legal philosophy as the science of legal truth. According to poedjawijatna philosophy is the science of everything that investigates the deepest explanation or cause, so philosophy is the science that discusses the law that investigates the deepest explanation or cause. Notohamijoyo describes philosophy as a human effort to understand reality and explain everything theoretically using experience and reason, which, when combined with law, defines legal philosophy as an effort to understand and explain law theoretically.
Expert Definitions of Legal Philosophy
The discussion shifts to expert opinions on legal philosophy, starting with William Zevenbergen, who views it as philosophy applied to law, a special philosophy. You Josim Frederick also stated that the philosophy of law is part of general philosophy because it offers philosophical reflections on the basis of general law. According to the reference, the nature of law provides answers to questions What is the law really like What is the reason we obey the law. Is justice the measure of good and bad law. Legal science is distinguished from legal philosophy, with legal science seen as a derivative of legal philosophy and legal philosophy considered an ethical assessment.
Core Aspects and Questions in Legal Philosophy
Based on expert definitions, the video concludes that legal philosophy is a special philosophy derived from general philosophy, specifically ethics, applying philosophical reflections to law. It searches for the basis of the binding power of law to fulfill justice, purpose, and legal certainty. The object of legal philosophy is law, studied in depth to its essence, while philosophy examines everything, including law. Legal philosophy addresses problems such as the nature of law, its purpose, why people obey it, the state's power to punish, the relationship between law and power, law and society, and the existence of law itself.
