Abstract
Purpose of the study: This article aims to formulate (1) epistemology jurisprudence has the positivistic level, (2) jurisprudence epistemology has transcendental paradigm, and (3) epistemology of the development of prophetic jurisprudence. Methodology: This research uses library research by conducting research and data analysis and then they use it using knowledge, especially jurisprudence with transcendental values. Main Findings: The base of epistemological positivistic jurisprudence that is objective, empirical and rational which are supported by systematic, procedural and formal models result in its development has lost essential elements, namely spiritual values, so that modern society has a crisis in defining the meaning of life in the world. Applications of this study: The base of transcendental legal science understands people and their life in an intact form (holistic), not merely material nature but also their souls. The development of the prophetic law is intended as a guidance for human life to achieve happiness in the world and in the hereafter, because the prophetic law can not be fragmented between the physical body (formal) and transcendental values. Novelty/Originality of this study: The paradigm of the transcendental epistemology of legal science emphasizes in the integration approaches between sciences and values in various views
Highlights
The thoughts to seek alternative epistemology of jurisprudence in Indonesia keeps continuing in line with the development of the sciences
Main Findings: The base of epistemological positivistic jurisprudence that is objective, empirical and rational which are supported by systematic, procedural and formal models result in its development has lost essential elements, namely spiritual values, so that modern society has a crisis in defining the meaning of life in the world
The development of the prophetic law is intended as a guidance for human life to achieve happiness in the world and in the hereafter, because the prophetic law can not be fragmented between the physical body and transcendental values
Summary
The thoughts to seek alternative epistemology of jurisprudence in Indonesia keeps continuing in line with the development of the sciences. The aspiration to get moving on from the thoughts of modern positivism jurisprudence towards postmodernism jurisprudence starts to come to action in the world of law. The consideration with the renewal paradigm towards that jurisprudence is what is meant as the post-positivism jurisprudence. The legal science of the post-positivism tries to perform different and distinctive concepts from the modern positivistic of legal science. It can be said that from time to time sciences undergo changes which are usually started from the changing of paradigm used. The thoughts of law which are regarded as unsatisfactory (criticizing or rebelling) towards the liberal and steady modern paradigm jurisprudence is categorized as the postmodernism
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