衡平法理论建构中的反常法律思想

I. Utama
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引用次数: 1

摘要

当前和未来法律理论面临的挑战不仅来自法律本身,还来自法律在社会中的可执行性。因此,当前的法学理论出现了异常现象。法律理论目前面临的需要是能够带来正义,确定性,秩序,以及保护人权的好处,以及生物和环境的可持续性。本文采用的方法是规范法研究方法,法律资料来源于立法和相关文献。图书馆研究成为收集法律资料并将定性分析应用于法律资料的技术,并对本文所研究的问题进行了总结。法学理论经历了古典、现代和后现代法学家视角的变迁。在后现代时代成长起来的发展法学理论和进步法学理论,寻求从现状中解放思想,采用符合印尼人民和处于现代化十字路口的国家需要的法律思想。法律需要通过主管部门制定的合法产品、公正的法律、保护人民和环境的法律来促进良心的实施。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The anomalous legal thought in building an equitable legal theory
The challenges of current and future Law Theories are not solely derived from within the Law itself, but also from the external about the law's enforceability in society. Therefore, the legal theories are currently experiencing anomalies. Legal Theory currently faced with the need to be able to bring about justice, certainty, order, and the benefits of protecting human rights as well as the sustainability of living creatures and the environment.The method applied in this article is the normative legal research method with the source of legal material from the legislation and related literature. Library study became the technique of collecting the legal material and qualitative analysis applied to the legal material which has been described to produce the conclusion of the problems studied in this article.The legal theory undergoes a shift following the perspective of legal scholars from classical times, modern times, and postmodern thinkers. The Depelovment Law Theory and Progressive Law Theory that grew up in the Postmodern era seeks to free the minds of the status quo, adopt legal ideas that are in line with the needs of the Indonesian people and the state that is moving in the crossroads of modernization. Laws are required to promote conscience implemented through legal products established by competent authorities, just laws, and laws protecting people and the environment.
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