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SEJARAH TEORI HUKUM

SEJARAH TEORI HUKUM. NATURAL LAW THEORIES. EARLY THEORIES OF NATURAL LAW THEORIES Natural law as justice by nature (Aristoteles : 385/384 B.C-322 B.C.); Natural law as law of right reason (Marcus Tulius Cicero : 106 B.C.-43 B.C.); Natural law as law of God (Thomas Aquinas : 1224-1274).

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SEJARAH TEORI HUKUM

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  1. SEJARAH TEORI HUKUM

  2. NATURAL LAW THEORIES • EARLY THEORIES OF NATURAL LAW THEORIES • Natural law as justice by nature (Aristoteles : 385/384 B.C-322 B.C.); • Natural law as law of right reason (Marcus Tulius Cicero : 106 B.C.-43 B.C.); • Natural law as law of God (Thomas Aquinas : 1224-1274).

  3. NATURAL LAW THEORIES • MODERN THEORIES OF NATURAL LAW • Natural law as objectively given value : Francois Geny (1861-1988); • Natural law as morals : Jean Dabin (b. 1889); • Natural law as Deontology : A.P.D’ Entreves (1902-1985); Deontolgi = sesuai dengan norma sosial dan moral yang berlaku. • Natural law as related to sociology: Philip Selznick (b.1919); • Natural law as based on anthropology : Margaret Mead (1901-1978), May Edel (1909-1964), and Abraham Edel (b.1908); • Natural law as ethical Jurisprudence: Morris Raphael Cohen (1880-1947) • Natural law as the Inner Morality of Law : Lon Fuller (1902-1978).

  4. THEORIES OF LAW IN EMPIRICIST/POSITIVIST EPISTEMOLOGY • The Command Theory of Law of the Utilitarians: Jeremy Bentham (1748-1832), John Stuart Mill (1806-1873), John Austin (1790-1859); • The Normative Theory of Law: Hans Kelsen (1881-1973); • The Rule Theory of Law: H.L.A. Hart (b.1907) Criticisms : Bentham, Austin, Kelsen.

  5. HISTORICAL THEORIES OF LAW • Law as manifestation of spirit of the people [volkgeist] in history: Friedrich Karl von Savigny (1719-1861); • Law as the development in history of personal conditions from status to contract: Sir Henry Sumner Maine (1822-1888); • Law as an Auxiliary in a Stage of Economic Determinism: Karl Marx (1818-1883) and Friedrich Engels (1820-1895). Criticisms : Savigny, Maine, Marx and Engels.

  6. AMERICAN REALIST THEORIES • Philosophical framework of American Realism: John Dewey (1859-1952) and William James (1842-1910) • Expressions of American Realism : • Law as Rules of conduct laid down by judges: John Chipman Gray (1839-1915); • Law as prophecy of what the courts will do: Oliver Wendell Holmes, Jr (1841-1935) • Law as what certain officials do about disputes: Karl N. Lewellyn (1893-1962); • Law as generalization of potential legal effect and considerations weighed by court in the decision of cases: Joseph W. Bingham (b.1878); • Law from a psychoanalytical point of view: Jerome Frank (1889-1957) Criticims......................

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