从法律哲学的角度来看,正义和法律的概念

Prista Alisa Ramadhani, Rasji .
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引用次数: 1

摘要

法律与正义本质上是抽象的,但不只是基于哲学的研究范围。法学总是为正义而战。在现实中,法律确定性与权宜之计之间、正义与法律确定性之间、正义与权宜之计之间往往存在冲突。谈论法律和正义,就涉及到如何在法律本身中实现正义。在这种情况下,作为发展价值体现的法律就是正义。所使用的法律研究方法是理论的。正义价值的体现是社会自身能够履行的权利和义务的存在。哪里有法治,哪里就有约束法治的权利和义务,从而在社会中创造秩序和正义。法律与正义的关系,只有人民自己体会到,才能认识到。法律和法规基本上是本质上和理想上包含真理和正义的符号。在法律实证主义范式中,正义被视为目标而非法律。正义被视为一个目标而不是法律,只是相对性往往忽略了另一个因素,即法律确定性的因素。关键词:哲学法正义法
本文章由计算机程序翻译,如有差异,请以英文原文为准。
KONSEP KEADILAN DAN HUKUM DALAM PERSPEKTIF FILSAFAT HUKUM
Law and justice are basically abstract, but not only based on the scope of philosophical study. Legal science always fights for justice. In reality, there is often a clash between legal certainty and expediency, or between justice and legal certainty, between justice and expediency. Talking about law and justice has to do with how justice can be implemented in the law itself. The law as the embodiment of the developed value referred to in this case is justice. The legal research method used is doctrinal. The embodiment of the value of justice is the existence of rights and obligations that can be fulfilled by the community itself. Where there is a rule of law, there are rights and obligations that govern it to create order and justice in society. The relationship between law and justice can be realized if the people themselves feel it. Laws and statutory regulations are basically symbols that are intrinsically and ideally containing truth and justice. Paradigm of legal positivism, justice is seen as a goal rather than law. Justice is seen as a goal rather than law, it's just that relativity often ignores another element, namely the element of legal certainty. Keywords: Philosophy Law, Justice, law
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