Fundamentals of Legal Philosophy

Legal Philosophy

Philosophy, especially in the context of law, refers to the process of communication between individuals who discuss various topics openly. In this discussion, philosophy is not bound by absolute views and seeks to separate itself from specific arguments. This also applies to legal philosophy, which not only limits itself to the interpretation and explanation of applicable law but also seeks to understand the essence of law in general. Legal philosophy aims to delve into the nature of law, trying to understand the basics or principles that surround it. Philosophical law relies on theories of knowledge and ethics to explain the meaning of law and how we understand and evaluate behavior related to it.

Legal philosophy is the formulation of concepts and theories to assist in understanding the nature of law, sources of authority/power, and its role in society. According to Coleman and Simchen, the questions that are the object of study in legal philosophy are What is law?, What is a law?, What is the law?, What is the meaning of law?, What is the nature of law?, What is the concept of law?, What is the meaning of the concept of the law?. Meanwhile, the four issues that are discussed in legal philosophy are how law relates to morality. Furthermore, regarding the nature of legal rules and legal concepts. In addition, the nature of the determination of legal decisions. Finally, the relationship between law and the social sciences.

Legal experts (advocates) and judges interpret laws and cases. They explain the rules as guidelines for behavior and debate them in cases. Judges establish their opinions as reasons for drawing conclusions in the cases they face. Meanwhile, John Campbell states that philosophy is related to rational and logical ideas. It is also said that philosophy is a discipline related to understanding anything, whether it is science, morality, or law. Simply put, legal philosophy is a field of philosophy that regulates behavior and ethics. Someone who studies the nature of law. In other words, "philosophy" Jurisprudence is a science that studies law philosophically.

It should be noted that the scope of legal philosophy includes legal ontology (the science that studies the nature of law), legal axioms (determining content and value), legal ideology (teaching ideology), legal epistemology (reflecting the level of understanding of the nature of law and fundamental problems that can be understood by the human mind), legal theology (determining the meaning and purpose of law), and legal logic (the basis of legal reasoning).

The Position of Legal Philosophy in the Constellation of Legal Science

Legal philosophy, according to Carl Joachim Friedrich, is an integral part of general philosophy as it provides philosophical reflections on the fundamental principles of law in general. The focus of the philosophy of law is the law itself, which is closely related to the norms that govern human behavior. Because law addresses human behavior, it is inherently linked to the field of ethics. Thus, the philosophy of law can be seen as part of the philosophy of behavior, or more specifically, ethics. The true aim of the philosophy of law is to investigate the law thoroughly, reaching its essence or underlying foundation, which is called the nature of law. Within this scope, the philosophy of law encompasses practical philosophy, especially as it relates to morals and ethics, which ultimately depend on human activity, including ethics that fall within the realm of axiology.

In the legal education system, the philosophy of law plays a role as an integration of various legal science teachings that aim for the same goal as legal science itself, namely creating justice, certainty, and benefit. The philosophy of law can also be considered a type of social philosophy that focuses on the highest values that must be fulfilled by society.