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文章基本信息

  • 标题:Tracing the Performance of Law in Indonesia (A Perspective of Thomas Kuhn’s "Normal Science")
  • 本地全文:下载
  • 作者:Endang Sutrisno
  • 期刊名称:Journal of Law, Policy and Globalization
  • 印刷版ISSN:2224-3259
  • 电子版ISSN:2224-3259
  • 出版年度:2015
  • 卷号:37
  • 页码:126-136
  • 语种:English
  • 出版社:International Institute for Science, Technology and Education
  • 摘要:The hustle and bustle of ’unique’ legal decisions in Indonesian posed by the positivistic approach of law performance, this is because the approach has been in the phase of normal science of law paradigm. This assumption is quite reasonable considering the justification of legal reasoning has somehow negated human values, or justice. The continuum of legal positivism should be given an alternative through the Progressive Law approach, which focuses on the spirit to break, or to conduct a ”Law Breaking”. Moral awareness and soul conscience should be treated as the foundation for the Progressive Law since the approach is conducted holistically and comprehensively. The law is not only seen from the outside and on the surface level but also from the the substance of legal existence among the society, so that the law really meets the thirst of order of justice in the Indonesia today.
  • 关键词:Law Positivism; Normal Science; Progressive Law.
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