Abstract
ABSTRACT Purpose: This article aims to explain the philosophy dialectics of positivistic law and post positivistic law and elaborate on the dialectics of synthesis of thoughts of prophetic legal. Methodology: This research used a philosophical approach. The data were taken from secondary data using primary and secondary legal materials. The data were presented in an analytical descriptive manner, then analyzed in a normative juridical manner. Finding: The development of legal philosophy as an art of thought between empiricism, reality, rationality, and irrationality. Integration must be in presence to find the legal synthesis which is perceived capable of providing answers to the missing synthesis concerning the law. The basis of integration is conducted by retrieving the history and the thought schools development of natural philosophy, positivistic, non-systematic law and prophetic law. The synthesis of the thought schools of philosophical law is not only a reality built from the law itself but also the existence of extracurricular nullifications that can be synergized into near-perfect law. Benefit: The benefit of this research is to present the phenomena of various legal paradigms that develop simultaneously as a synthesis of legal development and as an answer to various problems of legal philosophy. The positivistic, non-systematic synthesis and the prophetic paradigm are the paths to near-perfect truth. Originality/Novelty: The prophetic paradigm developed within the framework of micro and macro realities are considered capable of providing answers to the reality of various criticisms that have existed so far. This prophetic paradigm has bonded micro, macro and transcendent realities which are divided into three categories; Theology, Humanity and Natural Sciences which are based on God’s verses on the Qur'an and Sunnah. Keyword: Philosophy of Law, Synthesis, Prophetic
Highlights
The issue of law enforcement is a very important matter to create order, peace, and security in the life of a society
Originality/Novelty: The prophetic paradigm developed within the framework of micro and macro realities are considered capable of providing answers to the reality of various criticisms that have existed so far
As in the case of legal thoughts that are grounded in the natural values of natural law which are manifested in its anthropocentric circles of reason, which Thomas Aquinas explains in terms of: 1. Lex aeterna: the law of God: this only can be seen and explored by God himself, only a few laws that are introduced to humans through revelation
Summary
The issue of law enforcement is a very important matter to create order, peace, and security in the life of a society. The law basically functions to protect human interests, the law must be upheld to create an orderly and peaceful society. Regarding the law enforcement efforts in Indonesia, as a country practicing Pancasila, it is used as a life guideline of the nation and state amid complex legal developments. The reality dimension of these legal thoughts began in the fourth and sixth centuries, starting from the east (China and India) to the region around the Mediterranean, with a variety of deep questions and problems about concepts, ideas, anatomy of the cosmos, theology, abstracts, anthropocentric rules that created a variety of unique dialectical phenomena and transformation of views of thought that give thought to the birth of new streams of knowledge. As in the case of legal thoughts that are grounded in the natural values of natural law which are manifested in its anthropocentric circles of reason, which Thomas Aquinas explains in terms of: 1. Lex aeterna: the law of God: this only can be seen and explored by God himself, only a few laws that are introduced to humans through revelation
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