POSITIVISME DAN NON-POSITIVISME DALAM JURISPRUDENSI
Abstract: This article
discusses about trend positivism and non-positivism paradigm in jurisprudence.
This topic is important because discourse in social philosophy always relies on
the rationality of whole arguments. The argument of justification is preceded
through deductive reasoning, starting from paradigmatic premise that will be
used to justify conclusion. Paradigmatic premise is the basic principles of
truth which is believed to be the real truth. The real truth derives from
personal experience in reflecting facts found in daily activities. In
contemporary context of jurisprudence, there is a fierce battle between legal
profesionals with its positivist paradigm (legal or formal law approach) and
legal profesionals with its non-positivistic paradigm (legal morale substance
approach). Many critics on positivism were responded by efforts to reform law
through social movements. Social realist movement derives from diverse reality
of socio-cultural configuration, within national life, will be significant when
the movement is massively done, and supported by two pilars of civil society
and political power. This opposition movement shall be continuously done to
against the established side. The well established community has authority upon
whole legal institution and usually will utilize all its power structures in
order to maintain their interest.
Keywords: positivism,
non-positivism, jurisprudence
Penulis: Biyanto
Kode Jurnal: jpperadabanislamdd130025
