Jumat, 20 Januari 2012

DEFINISI HUKUM

Dibawah ini dikemukakan sebagian terkecil dari beberapa rumusan definisi hukum, antara lain sebagai berikut:
1.    Menurut sosiologis
Law in the sense of the legal order has for its subject relations of individual human beings with each other and the conduct of individual so far as they affect others or affect the social or economic order. Law in the sense of the body of authoritative grounds of....judicial decision and administrative action has for its subject matter the expectation or claims or wants held or asserted by individual human beings or groups of human being which affect their relations or determine their conduct (rescoe pound)
2.    Menurut realis
The prophecies of what the court will do…are what I mean by the law (Holmes)
3.    Menurut antropologis
Law is any rule of conduct likely to be enforced by the courts (schapera)
4.    Menurut historis
All law is originally formed by custom and popularfeeling that is by silently operating forces. Law is rooted in a peoples history: the roots are fed by consciousness, the faith and the customs of the people  (karl von savigny)
5.    Menurut marxis
Law is expressions of the general economic relations within society at a given stage of development.
6.    Menurut hukum alam
Law are something different from what regulates and expreses the form of the constitution it is their  fuction to direct the conduct of the magistrate in the execution of his office and the punishment of offenders (aristoteles)
7.    Menurut postivis dan/atau dogmatic
Law is command set, either directly or circuitously by a sovereign individual or body to a member or members of some independent political society in wich his authority is supreme (john Austin)

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