Abstract
Modern civilization stands firmly on the basis of modern science value. Historically, the modern science is the antithesis of traditional science accros the history of Middle Age and Renaissance. The Middle Age adheres ontologically and epistemologically to divine truth and faith while the Science Modern Age adheres ontologically to materialism human truths and epistemologically to rational, empiricism or objectivism truths. One phenomena of the modern civilization is modern constitutionalism, in practice it puts the constitution as the highest basic law of the constitutional system, and almost all modern states have a constitution as the basis of their constitutional system. Thus, this research tried to analyze the implicative relation of the modern science with the existence of content materials of the modern constitutions, especially in the context of power and human rights. By using the conceptual approach with qualitative analysis, this research found that the ontology and epistemology of the modern science strongly influenced three analyzed constitutions: the American Constitution, the Federal Republic of Germany Constitution and the Indonesian Constitution. In the context of the values of power, the effects of ontology and epistemology of the modern science appear in the practice of separation/division of power in the form of executive, legislative and judiciary institutions; while in the context of the values of human rights the effects of ontology and epistemology of the modern science appear in the significance of human freedom as individual for his/her life where the state cannot further intervene as far as it concerns the freedom of human dignity. In the content materials of the modern constitutions where the effects of ontology and epistemology of the modern science are very significant, there is no room for ontology and epistemology of science based on the metaphysics and faith since it is replaced by human rationality. Keywords: ontology of modern science; epistemology of modern science; modern constitution. DOI : 10.7176/JLPG/84-15 Publication date : April 30 th 2019
Highlights
Modern civilization is both reality and phenomenon
The effects of ontology and epistemology of the modern science are assumed to affect the material content of modern constitution. This is the main problem of this research, what are the implications of ontology and epistemology of the modern science on modern constitution material content especially in the context of the values of power and human rights? In this research three modern constitutions will be analyzed, namely the American Constitution, the Federal Republic of Germany Constitution, and the Indonesian Constitution
The basic question is, where is the position of the effects of ontology and epistemology of modern science on the material contents of the modern constitutions related to the values of human rights
Summary
Modern civilization is both reality and phenomenon. Its history has lasted almost Nine centuries in human life, from the West (its birthplace) to the East (its imitation). This is the main problem of this research, what are the implications of ontology and epistemology of the modern science on modern constitution material content especially in the context of the values of power and human rights?
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