Pengantar Ilmu Hukum 48 | Mazhab Dalam Ilmu Hukum (Part 1) #ingintahu #hukum #belajar #ilmuhukum

Summary

This video introduces the concept of natural law (hukum alam), tracing its philosophical roots from ancient Greek thinkers like Plato and Aristotle to modern theorists such as Thomas Aquinas. It highlights the key principles of natural law, including its divine origin, universality, and the inseparable relationship between law and morality. The script also addresses the historical conflict between natural law and legal positivism, showing how natural law persists as a foundation for justice and human rights. Ultimately, it emphasizes the ongoing relevance of natural law in contemporary legal debates and human rights discussions.

Takeaways

• 😀 The natural law theory asserts that laws are derived from a divine, universal source, and are permanent and unchanging.
• 😀 Natural law emphasizes the inseparable connection between law and morality, viewing both as internal and external regulators of human life.
• 😀 Historical figures like Plato, Aristotle, and Zeno were proponents of natural law, which emerged in ancient Greek philosophy.
• 😀 Thomas Aquinas contributed to natural law theory, dividing it into four components: Lex Eterna (eternal law), Lex Divina (divine law), Lex Naturalis (natural law), and Lex Humana (human law).
• 😀 According to Aquinas, natural law is rooted in God's rationality and is accessible to humans through reason, but only partially.
• 😀 Aquinas also distinguished between 'Principia Prima' (fundamental principles) and 'Principia Secundaria' (derived principles), with the former being immutable and the latter flexible.
• 😀 Natural law theory proposes that true law aligns with divine will, and any law that deviates from reason or justice is not a legitimate law.
• 😀 Natural law has influenced legal systems throughout history, especially in the context of human rights and the fight for justice.
• 😀 The theory of natural law was challenged by positivism in the 17th century, which deemed natural law as irrational, yet it still played a significant role in philosophical and legal debates.
• 😀 The resurgence of natural law theory in the 19th century, particularly through figures like Stammler, was driven by the desire to realize moral ideals and universal justice in law.

Q & A

What is the core idea behind the philosophy of Natural Law as discussed in the script?

Natural Law posits that law originates from God and is universal and eternal. It suggests that there is an intrinsic connection between law and morality, where laws should reflect moral principles and the natural order of the world.

Who are some of the prominent philosophers associated with the Natural Law theory?

Key figures associated with Natural Law include Plato, Aristotle, and Zeno, as well as Thomas Aquinas, who contributed significantly to the development of the theory, particularly with his concepts of Lex Eterna and Lex Naturalis.

What are the four components of Natural Law according to Thomas Aquinas?

Thomas Aquinas divides Natural Law into four components: Lex Eterna (eternal law), Lex Divina (divine law), Lex Naturalis (natural law), and Lex Humana (human law). These elements describe the relationship between God's rational law, human understanding, and the laws enacted by rulers.

How does Aquinas differentiate between 'principia prima' and 'principia secundaria'?

'Principia prima' refers to foundational moral principles inherent in humans from birth and are unchangeable. 'Principia secundaria' are derived from these primary principles and can vary over time and context based on human interpretation.

What role does reason play in the application of Natural Law?

Reason is central to Natural Law, as it allows humans to discern and interpret the divine law (Lex Eterna) through their rational faculties. Aquinas believed that while only a small part of divine law is accessible to human reason, it provides the foundation for understanding good and bad actions.

How did the emergence of Positivism challenge Natural Law theory?

Positivism, emerging in the 17th century, critiqued Natural Law by arguing that law should be based solely on human-made statutes rather than any divine or universal moral law. Positivists saw Natural Law as irrational and not suitable for modern legal systems.

Why is Natural Law considered to have a universal and eternal quality?

Natural Law is considered universal and eternal because it is believed to be derived from God's will and the natural order of the universe, making it applicable across time and cultures, regardless of human societies' specific laws.

What does the resurgence of Natural Law in the 19th century signify?

The resurgence of Natural Law in the 19th century was a response to the perceived limitations of legal positivism. Philosophers like Stammer revived Natural Law to emphasize moral ideals in the law, particularly focusing on justice and individual rights.

How did the concept of Natural Law influence the development of Human Rights (HAM)?

Natural Law was foundational to the development of modern human rights by asserting that individuals possess inherent rights that cannot be overridden by state laws. The theory provided a moral framework for the universal recognition of human rights, influencing global legal and ethical standards.

What is the relationship between Natural Law and positive law as discussed in the script?

The script highlights that Natural Law and positive law are interconnected. Natural Law is considered a higher, moral law, while positive law is enacted by human authorities. Positive law can be seen as imperfect but should ideally reflect the principles of Natural Law for justice to prevail.