Phylosophy of Law

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History

There are quite a number of symptoms that the 21st century is graced with a huge wave of democratization everywhere. If the 20th century is seen by Kofi Annan, the UN Secretary General. He is as a heartbreaking century filled with conflict, war, murder and bloodshed, the 21st century is the revival of a new meaning of humanity.

Towards the coming of the 21st century with an extraordinary revolution in technology, especially transportation and information technology, this makes the world a small village. The revolution gave birth to a new wave of definitions of ethnic issues, people of certain religions and issues of the nation state, being in the common problem of humanity, and bringing awareness of new humanity everywhere.

In the classical world of philosophy stems from a sense of wonder, but in modern times today it usually starts from doubt. After the two world wars of the 20th century, doubts have become a serious and troubling human disease. Today many people feel uncertain about the best governance, the best economic and social systems, about right and wrong, about the existence of God, about the soul and purpose of life. We are not sure whether the behavior of today’s people is better than the time of our parents.

Legal Phylosophy

The first impression that arises after studying the history of legal philosophy is that the legal problem is rather vague until today. There are various theories about law, many of which are different from one another. Scholars who differ in their views wrestle with the same questions, namely: what is the meaning of law. And where is the legal basis later in the trajectory of the history of legal philosophy can be find lines of thought. Which ultimately open to a deeper understanding of law.

Legal philosophy has play a role in leading all studies of human institutions. It over the past 2400 years, ranging from Greek thinkers who lived in the fifth century BC.  who asked whether rights were rights set by nature or only by enactment and convention.

It is a systematic reflection of the “reality” of the law.  In positive law we always meet with four forms: legal rules, legal decisions, legal figures (legal institutions), legal institutions. The most important legal institution is the country. But it is not only the fact of the law, but also that the philosophy of law must be systematically reflect. Legal philosophy is an “open system” in which all themes are interrelate with each other.

International Law

After World War I it was unthinkable for political leaders that international institutions. It could dictate a country how a country treats its people. The League of Nations and the International Court of Justice did not question human rights issues until Hitler considered them unimportant. It is at this point that individuals do not have rights in international law. Access to problems related to covenants and agreements between countries is completely close to the people of the country. The Holocaust or the massacre of Jews in Europe when Hitler came to power was a reality that changed everything. With the Holocaust, allied war goals were focus and follow by demands for an international tribunal namely the Nuremberg Tribunal to punish Nazi leaders for their savagery against the Jews. For the first time the sentence are state as a crime against humanity.

For the first time individuals have the right to at least be treat with respect by their governments. With this right, it is the responsibility of other governments to try human rights violators.

Realizing basic human rights (political, social, economic, religious and cultural rights) as stated in international law. It is not always easy to implement in Asian countries including Indonesia. The awareness to protect human rights in developed countries is evident from the formulation of human rights.  In its constitution, and also becomes part of human practices and habits after going through a long period of time.

            The realization of human rights everywhere becomes more effective.  Because it is support by the achievement of international legal agreements . And their commitment to feel bound to the sources of human rights law. It as seen in the teachings of legal experts, international conventions, and The 1948 Declaration of Human Rights .