Legal Purpose According to Experts (Full Discussion)
12 Legal Purposes According to Experts (Full Discussion) - Previously discussed about legal understanding according to experts and this time around the knowledge.com will review what the purpose of the law is. In the legal literature, there are two theories about the purpose of law, namely the ethical theory and the utilities theory. What is meant by ethical theory is that it is based on ethics and the content of law is determined based on our beliefs about what is just and what is not fair.
The purpose of law according to this ethical theory is solely to achieve justice and give everyone their rights. While the purpose of law according to the theory of utilities is to provide benefits or advantages for everyone in society. In essence, the purpose of law is to provide great happiness or enjoyment and benefit a person or group in a society in large numbers. In addition, there are several opinions that express different legal purposes. Let's look at the following.
12 Legal Purposes According to Experts (Full Discussion)
let's discuss in full what the purpose of the law according to the expert
Legal Purpose According to Experts
The legal objectives according to experts are as follows:
1. Aristotle (ethical theory)
According to Aristotle is solely to achieve justice. The point is to give to each person or society, what is their right. It is called an ethical theory because the content of the law is solely determined by ethical awareness of what is fair and what is unfair.
2. Jeremy Bentham (utilitarian theory)
According to him, the law aims to achieve benefits or benefits. This means that the law aims to guarantee happiness for as many people or society as possible.
3. Prof. Subekti S.H.
In his opinion, namely to carry out a justice and order as a condition for bringing happiness and prosperity.
4. Van Apeldorn
In his opinion, that is to regulate order and association of human life in a peaceful and just manner, and the law itself wants peace.
5. Purnadi and Soerjono Soekanto
Says that the law aims for the peaceful life of every human being which consists of external interpersonal order and personal internal tranquility in every society.
6. Dr. Wirjono Prodjodikoro, S.H.
In his opinion, that is to carry out safety and happiness as well as order in the community.
7. Geny (D.H.M. Meuvissen: 1994)
In Geny's opinion, that is to achieve justice and as an element of justice is the interest of usability and expediency.
8. Prof. Mr. J Van Kan
In his opinion, that is to safeguard the interests of every human being so that his various interests cannot be disturbed. More specifically, the task is to guarantee legal certainty in a society, as well as to protect and prevent everyone in a society from becoming their own judges.
9. Roscoe Pounds
To manipulate society means law as a tool for social change (as a tool of social engineering). The point is law here as a means or tool to change society in a better direction, both personally and in life public.
10. Bellefroid
To add to the general welfare or public interest, namely the welfare or interests of all members of a society.
11. Prof. Mr. LJ. Apeldoorn
According to him, that is to regulate all human relations in a peaceful manner. The law requires peace.
12. Suharjo (Former Minister of Justice)
In Suharjo's opinion to protect humans both actively and passively. Actively intended as an effort to create a social condition in which humans are in a process that takes place naturally. While what is meant passively is trying to prevent arbitrary efforts and unfair abuse of rights.
The purpose of the law itself has universal characteristics such as order, security, peace, prosperity and happiness in social life. With the existence of law, every case can be resolved through a court process based on applicable legal provisions. Apart from that, the law aims to protect and prevent everyone in a society from doing so can take the law into their own hands, because all cases have provisions and can be handed over to someone else authorities.
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