The Law : According to Experts, Understanding Legal Theory

 The Law

According to Experts, Understanding Legal Theory

To be more specific, the theory of law itself lacks a clear definition. However, a few ahli have expressed concern about their views on the discipline of hukum theory, as shown below.

1. Hans Kelsen

According to Hans Kelsen, hukum theory is a body of knowledge about current hukum, not just the hukum that is required. According to him, the most important aspect of hukum theory is murni hukum, which is also sometimes referred to as positive hukum theory.

Teori hukum murni atau teori hukum positif yang dimaksud karena hanya menjelaskan hukum serta berupaya untuk membersihkan objek penjelasan dari segala hal yang tidak ada sangkut paut dengan hukum. Hans Kelsen also explains what the law is and how it came into being as a theory.

2. Friedman

According to Friedman, legal theory is a discipline that investigates the fundamentals of law and establishes a connection between legal philosophy and politics.

Because it is a scientific discipline with an autonomous nature, the field of legal theory as it currently exists does not have a space to develop into an independent science.

3. Ian McLeod

Ian McLeod also shared his thoughts on how to define legal theory. He asserts that legal theory serves as a manual for the systematic theoretical examination of numerous fundamental characteristics of laws, regulations, and legal institutions in general.

4. John Finch

John Finch defines legal theory as a study that incorporates the fundamental traits that exist in law and customs that have universal traits that exist in a legal system in order to assess the many fundamental components that characterize it as a law and set it apart from other laws.

5. Mark van Hoecke and Jan Gijssels

Legal theory is described by Jan Gijssels and Mark van Hoecke as a science with the function of explaining and explaining the law. Legal theory itself can be seen as a material discipline that, as it develops, is greatly influenced by and connected to general law.

According to Jan Gijssels and Mark van Hoecke, the general law teachings currently in use can be categorized into the two categories below.

a). Legal theory is a development of broad legal teachings that have distinct discipline goals, such as legal dogma on the one hand and legal philosophy on the other. In addition to serving as a supplement to legal philosophy and legal dogmatics, each of which has its own domain and significance, legal theory has evolved to be acknowledged as a third discipline.

b). Legal theory is also seen as an a-normative science with no inherent values, which distinguishes it from other subjects.

6. Bruggink

Legal theory is defined by Bruggink as all propositions that are connected to one another by the conceptual framework that underlies the rule of law and legal judgments. A constructive use of the system is extremely crucial.

Bruggink defines legal theory as both a process and a product, which gives his interpretation of the term a dual meaning.

7. Sidharta

According to Arief Sidharta, the theory of legal science, or rechtstheorie in general, can be characterized as a scientific or legal discipline that, when viewed from an interdisciplinary and external perspective, can be critically used to analyze various legal phenomena, both individually and collectively, both in terms of theoretical concepts as well as practically, with the aim of gaining a better understanding and being able to provide as clear an explanation as possible.