Characteristics of Legal Science as Sui Generis

Philosophy is a process of reasoning in thinking to make a conclusion to gain knowledge, because humans are thinking creatures, every attitude and action must come from knowledge based on the thinking process. Until now, the position of legal science is still debated because law is perspective and n...

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Main Authors: Dhifa Nadhira Syadzwina, Dwi Caesar Octavianus, M. Arief Amrullah, Fendi Setyawan, Ahmad Subhan
Format: Article
Language:Indonesian
Published: Universitas Islam Negeri Raden Fatah 2023-12-01
Series:Nurani
Online Access:http://jurnal.radenfatah.ac.id/index.php/Nurani/article/view/20165
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author Dhifa Nadhira Syadzwina
Dwi Caesar Octavianus
M. Arief Amrullah
Fendi Setyawan
Ahmad Subhan
author_facet Dhifa Nadhira Syadzwina
Dwi Caesar Octavianus
M. Arief Amrullah
Fendi Setyawan
Ahmad Subhan
author_sort Dhifa Nadhira Syadzwina
collection DOAJ
description Philosophy is a process of reasoning in thinking to make a conclusion to gain knowledge, because humans are thinking creatures, every attitude and action must come from knowledge based on the thinking process. Until now, the position of legal science is still debated because law is perspective and normative, the characteristics of legal science are doubtful in social science or humanities because it has its own characteristics, called sui generis. This research aims to examine the characteristics of legal science as sui generis from the perspective of the philosophy of science. The research method uses normative juridical with secondary data analysis that is related with the problem in a descriptive-qualitative with a philosophy of science perspective. The results showed that the parameters of sui generis can be seen from the perspective of normative science, terminology in a broad and narrow sense, the type and scope of knowledge in normative science and empirical science, also layers of legal science in the form of legal dogmatics, legal theory, and legal philosophy law. Legal science need to understand the history of development of law as the key to identifying sui generis characteristics through analysis of legal theory, legal concepts, and legal principles philosophically in certain conceptual viewpoints as fundamental to legal science, apart from that, legal research is also needed.
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spelling doaj.art-2c29fa9b14d94abf9a6013e940b673242024-01-23T06:29:15ZindUniversitas Islam Negeri Raden FatahNurani1693-84372460-91022023-12-0123226127410.19109/nurani.v23i2.2016520165Characteristics of Legal Science as Sui GenerisDhifa Nadhira Syadzwina0Dwi Caesar Octavianus1M. Arief Amrullah2Fendi Setyawan3Ahmad Subhan4Faculty of Law, Universitas JemberFaculty of Law, Universitas JemberFaculty of Law, Universitas JemberFaculty of Law, Universitas JemberFaculty of Law, Universitas JemberPhilosophy is a process of reasoning in thinking to make a conclusion to gain knowledge, because humans are thinking creatures, every attitude and action must come from knowledge based on the thinking process. Until now, the position of legal science is still debated because law is perspective and normative, the characteristics of legal science are doubtful in social science or humanities because it has its own characteristics, called sui generis. This research aims to examine the characteristics of legal science as sui generis from the perspective of the philosophy of science. The research method uses normative juridical with secondary data analysis that is related with the problem in a descriptive-qualitative with a philosophy of science perspective. The results showed that the parameters of sui generis can be seen from the perspective of normative science, terminology in a broad and narrow sense, the type and scope of knowledge in normative science and empirical science, also layers of legal science in the form of legal dogmatics, legal theory, and legal philosophy law. Legal science need to understand the history of development of law as the key to identifying sui generis characteristics through analysis of legal theory, legal concepts, and legal principles philosophically in certain conceptual viewpoints as fundamental to legal science, apart from that, legal research is also needed.http://jurnal.radenfatah.ac.id/index.php/Nurani/article/view/20165
spellingShingle Dhifa Nadhira Syadzwina
Dwi Caesar Octavianus
M. Arief Amrullah
Fendi Setyawan
Ahmad Subhan
Characteristics of Legal Science as Sui Generis
Nurani
title Characteristics of Legal Science as Sui Generis
title_full Characteristics of Legal Science as Sui Generis
title_fullStr Characteristics of Legal Science as Sui Generis
title_full_unstemmed Characteristics of Legal Science as Sui Generis
title_short Characteristics of Legal Science as Sui Generis
title_sort characteristics of legal science as sui generis
url http://jurnal.radenfatah.ac.id/index.php/Nurani/article/view/20165
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