ALIRAN HUKUM 1

Summary

This video explores the major schools of thought in legal theory. It begins with the concept of natural law, which emphasizes the inseparability of law and morality, featuring perspectives from Plato, Aristotle, Saint Augustine, and Thomas Aquinas. The video then shifts to positivism, as articulated by John Austin, Hans Kelsen, and H.L.A. Hart, focusing on law as commands from authorities, detached from morality. Lastly, it delves into utilitarianism, with Jeremy Bentham's view that the law's purpose is to maximize happiness for the greatest number of people. The script provides a comprehensive overview of these legal theories, each with distinct perspectives on the role of law in society.

Takeaways

• 😀 The study of law involves understanding various major legal schools of thought.
• 😀 Natural Law is one of the oldest legal philosophies, connecting law with morality and justice.
• 😀 Plato believed that law's essence is rooted in morality, and without morality, law loses its effectiveness.
• 😀 Aristotle argued that law not only seeks justice but also aims to bring happiness to all citizens, emphasizing both equality and proportional justice.
• 😀 Saint Augustine viewed laws as only valid if they were just, dividing them into Divine Law and Human Law.
• 😀 Thomas Aquinas believed human-made laws must stem from natural law to be valid, highlighting the divine and moral basis of law.
• 😀 Positivism, an opposing school to Natural Law, views law as the command of political authorities, independent of morality.
• 😀 John Austin's theory of law emphasized that laws are commands from a superior to inferiors, consisting of commands, sanctions, obligations, and sovereignty.
• 😀 H.L.A. Hart argued that laws are human commands with no necessary connection to morality, presenting a closed logical system of law.
• 😀 Hans Kelsen's theory outlined law as a hierarchical system of norms, starting with the highest norm, such as the constitution, down to regulations.
• 😀 Utilitarianism, presented by Jeremy Bentham, focuses on the law's goal to maximize happiness for the greatest number of people.
• 😀 The debate between Natural Law, Positivism, and Utilitarianism centers around the relationship between law, morality, and social outcomes.

Q & A

What is the central idea behind the Natural Law school of thought?

The central idea of Natural Law is that law and morality are inseparable, and the purpose of law is to achieve justice. Natural Law posits that laws should align with universal moral principles, whether derived from divine sources or inherent in human nature.

Who are some of the key figures associated with the Natural Law tradition?

Key figures include Plato, Saint Augustine, and Thomas Aquinas. These philosophers contributed to shaping the Natural Law tradition, each offering their own interpretation of law's connection to morality and justice.

How did Plato view the relationship between law and morality?

Plato believed that morality is the essence of law. He argued that without morality, law would lose its supremacy and independence. Law, according to him, must be grounded in the idea of justice.

What does Aristotle contribute to the concept of law in Natural Law theory?

Aristotle expanded on the idea of law's role in achieving both justice and happiness. He emphasized the importance of proportional equality, where justice is met through the fair distribution of rights and benefits in society.

What is Saint Augustine’s view on law and justice?

Saint Augustine argued that law must be just. He believed that any law that is unjust cannot truly be considered law. He also differentiated between divine law ('Ius divinum') and human law ('Ius humana').

According to Thomas Aquinas, how should human law relate to natural law?

Thomas Aquinas believed that human-made laws should be derived from natural law. He suggested that if human law does not align with natural law, it would not be just or legitimate.

What are the main ideas of the Positivism school of law?

Positivism holds that law is simply the command of a sovereign authority and should be followed regardless of moral considerations. According to positivists like John Austin, Hans Kelsen, and H.L.A. Hart, law is a set of rules that must be applied logically, without reference to moral values.

What is John Austin's perspective on law?

John Austin viewed law as the command of a sovereign to the subjects. He believed that law consists of commands backed by sanctions and that there is no need to connect law with morality.

How did H.L.A. Hart contribute to the theory of positivism?

H.L.A. Hart emphasized that law is not just a set of commands, but a system of rules. He argued that laws are the product of human beings and should be understood in a logical, systematic way, independent of moral or social norms.

What is Hans Kelsen’s theory of law, and how does it differ from other positivists?

Hans Kelsen proposed the 'Pure Theory of Law,' which separates law from politics, ethics, and other social phenomena. He viewed law as a hierarchy of norms, with the highest norm being the constitution. This framework contrasts with other positivists, who emphasized law's function as a command or rule from authority.

What is the central tenet of Utilitarianism in law?

Utilitarianism, as proposed by Jeremy Bentham, argues that the purpose of law is to promote the greatest happiness for the greatest number of people. Laws should aim to maximize overall well-being and minimize harm.

How do Natural Law and Positivism differ in their approach to law and morality?

Natural Law argues that law cannot be separated from morality, and that laws must reflect universal moral principles. In contrast, Positivism holds that law is a set of rules created by humans, and it should be followed regardless of its moral content.

What is the concept of 'The Greatest Happiness' in Utilitarian law?

'The Greatest Happiness Principle' asserts that laws should be designed to produce the maximum possible happiness for the greatest number of people. Bentham emphasized that legal systems should prioritize collective well-being over individual interests.