Abstract
Purpose of the study: This article aims at finding out the pattern of legal penalties for transcendental valuesMethodology: This research is conducted using descriptive philosophical normative study methods. As a secondary legal material, this writing draws on literature, papers, journals, and research related to this writing.Main Findings: Positivism-based legal reasoning has failed to accommodate all the interests and legal needs of the community in realizing justice and prosperity. The pattern of legal reasoning based on transcendental values is a choice because it is related to the understanding that places the law for justice and public welfare.Applications of this study: This study can give benefit to thinkers in the field of legal studies thinking to make a breakthrough in the formation of new lawsNovelty/Originality of this study: The use of the basics of transcendental law can be made as a new breakthrough to realize a just and prosperous law
Highlights
Talking about the law can not be separated from human, because the law is intended for the benefit of the human
Legal Reasoning Pattern Based On Trancendental Values : A Reflection on Legal Reasoning Based on Positivism Values
Novelty/Originality of this study: The use of the basics of transcendental law can be made as a new breakthrough to realize a just and prosperous law Keywords: Transcendental Law, legal reasoning, positivistic law INTRODUCTION Talking about the law can not be separated from human, because the law is intended for the benefit of the human
Summary
Talking about the law can not be separated from human, because the law is intended for the benefit of the human. Human has an interest in aspiring and always hoping to get a sense of security, comfort, happiness, and prosperity. One important aspect to be able to achieve and realize the interests, ideals, and expectations of human beings is needed by law based on transcendental values. Legal scholars are still struggling to find what kind of pattern is right about how the law based on transcendental values must be built. The reality and existence of law nowadays cannot be said to be able to provide a sense of justice and prosperity for society. To the law to provide benefits for justice and welfare, legal thinkers have long struggled to think about what kind of pattern is appropriate as a basis for thinking about the law, so that the law that is built truly benefits human and humanity
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