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0:00 Hi Hi Hi as has been conveyed in the previous discussion regarding What is philosophy and What is law then implicitly we have begun to get two different images of the two terms that feel fat is a way of thinking that tends to be reflective and law in this case tends to be interpreted as a rule in human life but before we guess What is legal philosophy then we need to discuss again the opinions of experts regarding philosophy in the previous video then we try to compare it with the understanding of legal philosophy according to other experts so that our knowledge is
0:46 more comprehensive and can speculate in the sense that Safa of course Hi the term legal philosophy is a translation of the word philosophy of Law according to Mochtar kusumaatmadja it is more appropriate to translate legal philosophy as an equivalent of the word philosophy of lo or review Sofi rather than legal philosophy the term legal in legal philosophy has the same meaning as laws or things that are official So it is less appropriate if it is used for the same terminology as legal philosophy This is based on the argument that law is not
1:34 just laws and law is not just things that are official Hi based on what has been discussed in the terms of philosophy and law of course in general terms we have tried to capture a picture of what legal philosophy actually is Let's discuss back to what we have mapped in the previous video about the term philosophy and the term law How is the term philosophy if in the previous video discussion, namely according to Plato, philosophy is the science or teaching about reality or Eternal reality if we relate it to the term law then actually one of the truths is law, meaning that legal philosophy is the science or teaching about
2:19 legal reality Likewise with the opinion of Aristotle who said that philosophy is the science or teaching about truth by including metaphysics, logic, rhetoric, ethics, political economy and aesthetics, meaning that legal philosophy is the science or teaching about legal truth in this case means law which also includes metaphysics, logic, rhetoric, ethics, political economy and aesthetics, meaning that philosophy in Aristotle's sense is also comprehensive and involves many connections with other branches of philosophy then according to poedjawijatna philosophy is the science of
3:07 everything that investigates the deepest explanation or cause, well there we have everything concretely into law, so philosophy is the science that discusses the law that investigates the deepest explanation or cause according to notohamijoyo in his book entitled the main questions of legal philosophy says that philosophy is a human effort to know reality and explain everything in a theoretical way, namely and using experience and reason so from this opinion we can combine it with law, it can be interpreted that the philosophy of law is a human effort to understand
3:53 reality and explain everything, well in this case, it is about law in a theoretical way, namely by using experience and reason then according to Junes Sumantri in his book, philosophy of science, a popular introduction, says that philosophy is thinking or studying something in depth, comprehensively and continuously, legal philosophy in this context is thinking or studying something in this case is law in depth, comprehensively and continuously then according to Wilhelm Window Band who said that B lho sepi present Ustaz
4:40 send the scientific treatment of the general questions relating to the universe Tension live based on that, the current customary legal philosophy is the scientific processing of general questions related to the universe and human life, well if the book relates to the context of legal philosophy, then the law is damaged according to its current habit is the scientific processing of legal questions related to the universe and human life, the law is in the universe and human life then according to the JDHD theory in his book, legal philosophy in the course of history, says that Philosophy is a methodical and systematic knowledge
5:27 that through reflection aims to capture the true meaning of life and from the phenomena of life as part of it. Well here there is the word life phenomena, law is one of the phenomena of life so that it becomes a philosophy of law is a methodical and systematic knowledge that through reflection aims to capture the true meaning of life and from the phenomena of life in this case the phenomenon of life is law as part of it because the meaning of law is diverse because the viewpoints or approaches are also diverse, the law here will be the object of study as we have discussed in the video about the term law before because the
6:13 nature of philosophy is comprehensive, fundamental and speculative, it is natural and possible for many perspectives or approaches because it is comprehensive, every discussion from legal philosophers also has various answers about law, for example, where does the law come from, according to natural law, law comes from God and human reason, according to the sociological Jurisprudence school, law comes from Sri society and according to the critical legal studies movement, law comes from political interests and Max said that in reality the law comes from the interests of the upper class, class A, who the upper class is, it can vary depending on What is Max's understanding of the upper class or the classification of the upper class according to Max
7:01 then various depending on the perspective Well now we try to compare it also with the opinions of experts well according to experts such as William Zevenbergen stated that the philosophy of law is a philosophy that is imposed or applied to the law this is similar to what we said earlier yes in other words the philosophy of law is a special philosophy meaning the characteristics of philosophical thinking are applied to the law meaning the legal process is a special philosophy meaning it is part of general philosophy Hi then you Josim Frederick also stated that the philosophy of law is part of general philosophy because it offers philosophical reflections
7:48 on the basis of general law Well so the philosophical reflection of philosophy is then applied to the law yes Yes more or less the same as the definitions that we have discussed earlier then 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 this is a question that is actually also answered by legal science but according to reh for many people the answer of legal science is not satisfactory legal science as an empirical science only sees law as a symptom that accepts law as mere greenheart your legal philosophy
8:35 sees law as a rule in the water artis2 waarde odense here is distinguished between the philosophy of law and legal science meaning Legal science is a derivative of legal philosophy and legal philosophy is considered as an ethical assessment. The definition given by Uteh is more or less the same as the opinions that we have discussed earlier. According to Plato, it is about reality and looking for its basis. Then Aristotle said that philosophy is about truth. According to Poedjawijatna, philosophy is the science of everything that investigates information, meaning that with these questions, questions that are the
9:20 deepest investigation of information or causes, as well as with other opinions. Then Satjipto Rahardjo and his body are about the basis for the binding power of the law and are examples of fundamental questions on the basis of this. The legal virus usually works on legal materials but each takes a completely different perspective. Positive legal science only deals with a field and its own legal system. So, legal philosophy because of its fundamental characteristics, legal philosophy can search for or find the basis for the binding power of a law. Then, according to Gustav Radbruch, legal philosophy means
10:06 three aspects, namely the aspect of justice in the form of equal rights for all people before the court. Then the aspect of the purpose of justice or finality, namely determining the content of the law because the content of the law is in accordance with the goals to be achieved. Then the aspect of legal certainty or legality is to guarantee that the law can function as a regulation that must be obeyed, well, and the philosophy of law will fulfill the three aspects, namely the aspect of justice, the purpose of justice, and legal certainty. Hi, based on the definitions that have been given by the experts, we can conclude that the philosophy of law is a special philosophy of general philosophy, namely the philosophy of behavior or ethics, and the philosophy of
10:54 law applies philosophical reflections from that philosophy to be applied to law. Legal science is a derivative of the philosophy of law as well, and the philosophy of law is considered an assessment of ethics or what is called ethical Wow De Otel according to Ray earlier. Well, because of the fundamental characteristics of philosophy, the philosophy of law can search for or find the basis for the binding power of a law so that the law at the next level will be able to fulfill three aspects, namely the aspect of justice, the purpose of justice, and legal certainty. Meanwhile, the difference between philosophy and the philosophy of law lies in its object. The difference between philosophy and the philosophy of law
11:40 is its object. What is the object of philosophy and what is also the object of law? If the object of the philosophy of law is law, and the object is studied in depth to the core or its basis, which is called the essence. Meanwhile, philosophy examines everything, the philosophy of law only examines the law in everything. So, in fact, every day, everything that is studied by philosophy is one of them, namely law. Well, the philosophy of law does not see the law or legal rules which according to three are called ethical Veloz admin or ethical value assessments and provide a strong basis for thinking so that the law can achieve the aspects of justice, certainty and its objectives. So
12:28 what are the problems that are generally discussed by the philosophy of law? The problems discussed in the scope of the philosophy of law include, for example, the problem of the nature of law, the problem of the purpose of law. Why do people obey the law, then why can the state always punish, what is the relationship between law and power, then what is the relationship between law and society like, and most specifically, why can law exist? Well, these are the basic general questions that we often find in books on the philosophy of law. That is my explanation of the meaning of the philosophy of law
13:13 based on the combination of the two words philosophy and law. Hopefully it can help colleagues in understanding or understanding or getting an idea of the philosophy of law itself. Ta If there is something you want to discuss, you can write it in the comments column. I am Agit Yogi Subandi, thank you. Hi, Hi, Hi, Hi, Hi
