Filsafat Hukum: Dasar - Dasar Filsafat @fokkyfuad

Introduction

This tutorial provides a foundational understanding of legal philosophy as presented in the video "Filsafat Hukum: Dasar - Dasar Filsafat" by Fokky Fuad. It aims to clarify essential concepts in legal philosophy, which is crucial for students and professionals in the field of law.

Step 1: Understand the Definition of Legal Philosophy

• Legal philosophy, or "filsafat hukum," explores the nature of law, its purpose, and its relationship with morality.
• Key questions include:
  • What is law?
  • What is its purpose?
  • How does law interact with ethical norms?

Step 2: Explore the Historical Context

• Legal philosophy has evolved over centuries, influenced by various thinkers and cultural shifts.
• Familiarize yourself with significant philosophers, such as:
  • Plato: Emphasized the connection between law and justice.
  • Aristotle: Discussed the importance of law in achieving the common good.
  • Modern philosophers: Examine contemporary views and their implications for current legal systems.

Step 3: Analyze Key Concepts in Legal Philosophy

• Important concepts to consider include:
  • Natural Law: The idea that law is based on a set of unchanging moral principles.
  • Positivism: The belief that law is a set of rules and regulations created by human beings, independent of moral considerations.
  • Legal Realism: Focuses on how laws are applied in practice, rather than how they are written.

Step 4: Assess the Role of Morality in Law

• Understand the debate surrounding the relationship between law and morality:
  • Some philosophers argue that law should reflect moral values.
  • Others maintain that law is distinct from morality and should be based solely on human-made rules.

Step 5: Apply Legal Philosophy to Contemporary Issues

• Examine how legal philosophy informs current legal debates, such as:
  • Human rights
  • Social justice
  • Environmental law
• Consider how philosophical principles can guide legal decision-making and reforms.

Conclusion

In summary, legal philosophy provides essential insights into the nature and purpose of law. By understanding its fundamental concepts and historical context, one can more effectively engage with contemporary legal issues. As a next step, consider delving deeper into specific philosophers or applying these principles to current legal dilemmas in your studies or professional practice.