The Law : Features of Legal Theory and Legal Theory's Uses

 The Law

Features of Legal Theory

Following are inferences that can be made about the attributes of the legal theory based on the above description and comprehension of the legal theory.

a). The first characteristic is a way of thinking about law called legal theory.

b). Legal theory is used to find everything about law, which is the second characteristic.

c). The third trait is legal theory, which is a science that investigates what constitutes the law.

d). The question of what the components of the current legal system are is addressed by the fourth feature, legal theory.

e). The legal theory does not create a permanent law, which is the sixth characteristic.

f). The sixth characteristic is that the foundation or content of legal theory comes from the study of law.

g). Legal theory, the sixth trait, is a subset of legal theory.

h). The eighth characteristic is that legal philosophy reflects a legal strategy.

i). Legal theory, the eighth characteristic, is a style of how lawyers discuss the law.

j). The tenth characteristic is the employment of legal theory with non-juridical technical language to explain law from a non-juridical technical perspective.

k). In the eleventh feature, problems about the applicability of logical interpretation approaches are raised using legal theory.

l). The twelfth trait, legal philosophy, covers the factors and justifications used by legal professionals.

m). Legal theory does not care about the best answer, which is the thirteenth characteristic.

n). The fourteenth trait, legal theory, is utilized to analyze the factors that legal experts take into consideration as well as develop into an instrumentarium used by legal professionals.

Legal Theory's Uses

With an interdisciplinary and external perspective, legal theory, a distinct field that lies between dogmatism and legal philosophy, critically examines various legal phenomena on their own and in the context of the whole.

The objective of legal theory is to both explain diverse legal developments and attempt to offer an evaluation of them. The study of positive law itself continues in the form of legal theory. Positive law is utilized as study material where legal theory is used, and philosophical studies are employed to help explain the law.

This also applies to the theoretical concept of legal theory and how it relates to the whole. Both in its theoretical concept and in its practical application, legal theory aims to gain a better understanding of and offer the most concise justification for the law that actually exists in social reality.

1. The legal theory's urgency has the following applications.

Through the interpretation of a meaning or understanding, a condition or a legal element of a legal event, as well as the hierarchy of powers that exist in the rule of law, legal theory is used to explain the law.

An existent legal occurrence is evaluated using legal theory.

Legal theory is employed to make predictions about future events.

2. Radbruch claims that legal theory also contains obligations, specifically:

The many values and postulates of law are explained using legal theory to the greatest philosophical foundation.

3. Kelsen also lists the following applications for legal philosophy.

Legal theory serves to lessen confusion and plurality so that it might become a unity.

4. According to Mochtar, there is also the usage of legal theory. In particular, the development law theory that has received a lot of attention is as follows.

a). Based on an examination of the characteristics and culture of the Indonesian people, the theory of development law that exists today is a legal theory. The legal theory of growth was thus born, expanded, and developed in accordance with the circumstances in Indonesia through the use of the already-existing dimension benchmarks. In essence, if it is used in a manner that is consistent with the circumstances and demands of Indonesia's multicultural society.

b). The theory of development law uses a frame of reference on the way of life or the view of life of the people as well as the Indonesian nation, both of which are based on the Pancasila principle and have a familial relationship to the norms, principles, institutions, and rules that are currently present in the theory of development law. structure, culture, and substance are all included in the dimension that is relative and already exists.

c). The idea of development law essentially lays the groundwork for legal procedures utilized as a means of community renewal, or what is known as law as a social engineering instrument, as well as for law as a system that is essential for the Indonesian nation, which is a developing country.

The distinction between legal theory and legal philosophy is made in the book Legal Theory by Prof. Dr. Peter Mahmud Marzuki, S.H., M.S., LL.M. He also discusses how developing laws must be based on legal principles in his book, which you may read below.