As a result of the application of radical philosophical thinking characteristics.
The things discussed are:
– The object of study of law, including the object of actual study
– Basic assumptions of law
Objects reviewed by law: legal products, legal principles, legal sources, legal systems, legal subjects.
- In these legal objects there will be no problems if there is legal awareness in them. So the real object of legal science is public legal awareness.
- Various objects of legal science to develop need to be studied, the study usually begins with doubting the truth of its basic assumptions. Basic assumptions can be understood as legal principles. For example: The principle of presumption of innocence. The understanding of this principle is that someone who has not been proven guilty cannot be treated as a suspect. The level of understanding and embodiment of this principle still requires study, should not be taken for granted. The study carried out will develop our knowledge.
- The epistemological dimension exists as a consequence of the application of philosophical thinking, integral.
- The epistemological dimensions of law discuss the source of law, the method of law science, both the method of finding and the method of analysis, and the measure of the correctness of legal products.
- The source of law is sst that can cause law. There are several opinions about the source of the law, as follows:
– Glastra Van Loon: s.h is government decisions, jurisprudence, habits.
– Utrecht, s.h is determine by aspects of history, sociology, anthropology and philosophy.
– Muchsan: formal material and material, the first is to determine the contents of the legal code, the second determines the form of legal rules
– substantially: ideal and factual reasons. The first is in the form of ideals, values, which can come from society and rulers. The second is in the form of concrete provisions to realize these ideals.
Method of legal formulation
To the study source / object, The method is adjust. The ideal source of legal material is the result of confirmation / dialogue between the people and the authorities.
The method according to the source / object of the study, according to Mudzakkir is the interpretation method. In its implementation this method will consider four aspects, namely the ideal aspect (upwards), contextual aspects (down), historical aspects (backward), and teleological aspects (forward). The consequence is that any product at the time of its formulation must be consider with the ideals of the country, the ideals of the people, the historical background, and the progressive common goals. The legal formulation process must not be rush, rash.
- Data Collection Method: Literature study, interview, questionnaire, observation, questionnaire, document study, interview
- Data Analysis Methods: Qualitative analysis and quantitative analysis. Qualitative analysis is widely use . Types of qualitative analysis, a.l: descriptive juridical, sociological, philosophical, historical, and comparative qualitative
- Legal discovery methods: Interpretation (grammatical, systematic, historical, teleological / sociological, comparative, futuristic), Analogy, a contrario, legal narrowing, exposition.
Measures the validity of legal products
There are four theories of truth (in philosophy):
- Coherence truth theory there cannot be contradictio interminis
- Correspondence truth theory according to the facts in the community.
- Pragmatic truth theory good benefits
- Perfomatic truth theory changes society (way of thinking, attitude, behavior, motivation)
- The dimensions of an axiology
The application of comprehensive and systematic thinking characteristics, causing The axiology dimension.