Legal Objectives According to Experts (Full Discussion)
12 Legal Objectives According to Experts (Full Discussion) – Previously discussed about the meaning of law according to experts and this time aroundknowledge.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 theory of ethics and the theory of utilities. What is meant by ethical theory is that it is based on ethics and the content of the law is determined based on our beliefs about what is fair and what is unfair.
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 benefits 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 suggest different legal purposes. Let's look at the following.
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12 Legal Objectives According to Experts (Full Discussion)
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Legal Purposes According to Experts
- 1. Aristotle (ethical theory)
- 2. Jeremy Bentham (utilitarian theory)
- 3. Prof. Subekti S.H.
- 4. Van Apeldorn
- 5. Purnadi and Soerjono Soekanto
- 6. Dr. Wirjono Prodjodikoro, S.H.
- 7. Geny (D.H.M. Meuvissen: 1994)
- 8. Prof. Mr. J Van Kan
- 9. Roscoe Pound
- 10. Bellefroid
- 11. Prof. Mr. Dr. LJ. Apeldoorn
- 12. Suharjo (Former Minister of Justice)
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Legal Purposes According to Experts
12 Legal Objectives According to Experts (Full Discussion)
let's discuss in full what the purpose of the law according to the expert
Legal Purposes 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 each person or society what is their due. It is called an ethical theory because its legal content is solely determined by ethical awareness of what is fair and what is unjust.
2. Jeremy Bentham (utilitarian theory)
According to him, the law aims to achieve benefit or benefit. This means that the law aims to ensure happiness for as many people or society as possible.
3. Prof. Subekti S.H.
In his opinion, it is to organize justice and order as a condition to bring happiness and prosperity.
4. Van Apeldorn
According to his opinion, that is to regulate the order and the association of human life in a peaceful and just manner, and the law itself requires peace.
5. Purnadi and Soerjono Soekanto
Saying that the law aims for the peaceful life of every human being which consists of interpersonal external order and personal internal peace of every society.
6. Dr. Wirjono Prodjodikoro, S.H.
In his opinion, that is to provide 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, it is to protect the interests of every human being so that his various interests cannot be interfered with. More specifically, it is the duty to guarantee legal certainty in a society, as well as to protect and prevent everyone in a society from becoming their own judge.
9. Roscoe Pound
To engineer society means law as a tool of social change (as a tool of social engineering). here as a means or tool to change society for the better, both personally and in life public.
10. Bellefroid
To increase the general welfare or public interest, namely the welfare or interests of all members of a society.
11. Prof. Mr. Dr. LJ. Apeldoorn
According to him, it is to regulate all the interactions of human life in a peaceful manner. The law requires a peace.
12. Suharjo (Former Minister of Justice)
According to Suharjo, to protect humans both actively and passively. Actively intended as an effort to create a social condition that is human in a process that takes place naturally. While what is meant by passive is to seek prevention of arbitrary efforts and unfair abuse of rights.
The purpose of the law itself has a universal nature such as order, security, peace, prosperity and happiness in social life. With the law, every case can be resolved through a court process based on applicable legal provisions. In addition, the law also aims to maintain and prevent everyone in a society from can play judges by themselves, because all cases have provisions and can be handed over to those who authorities.
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