Prinsip UtilitarianIsme Jeremy Bentham dan Keterkaitannya dengan Perkembangan Positivisme Hukum Klasik

Jeremy Bentham is known as a figure who introduced utilitarianism as a philosophical understanding. The philosophical understanding that was introduced is still being studied and also studied in various parts of the world, including Indonesia. Especially for legal science, Bentham left an interesting legacy to be studied regarding utilitarinism as a principle of law formation and its relationship to the development of classical legal positivism. In contrast to the style of legal positivism thought in Continental Europe, Bentham grew up in the common law legal tradition. Through the empirical epistemic tradition that developed in England at that time, Bentham made a quite radical criticism of the legal system in England which was considered irrational and did not have a solid foundation, and even tended to mislead the British people at that time. Based on the principle of utilitarianism, Bentham reconstructed the principle of legal establishment to criticize the natural law paradigm in English legal science which led him to legal positivism and marked the beginning of the development of classical legal positivism.

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Publication Details

Journal
Jurnal Rechten Riset Hukum dan Hak Asasi Manusia
Published
2024-08-29
DOI
https://doi.org/10.52005/rechten.v6i2.139
Primary Topic
Legal Studies and Policies
Type
article
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article

Prinsip UtilitarianIsme Jeremy Bentham dan Keterkaitannya dengan Perkembangan Positivisme Hukum Klasik

Al Rhega Caesar Grestiano Kolang
Jurnal Rechten Riset Hukum dan Hak Asasi Manusia
Legal Studies and Policies
article

Prinsip UtilitarianIsme Jeremy Bentham dan Keterkaitannya dengan Perkembangan Positivisme Hukum Klasik

Al Rhega Caesar Grestiano Kolang
article en

Abstract

Jeremy Bentham is known as a figure who introduced utilitarianism as a philosophical understanding. The philosophical understanding that was introduced is still being studied and also studied in various parts of the world, including Indonesia. Especially for legal science, Bentham left an interesting legacy to be studied regarding utilitarinism as a principle of law formation and its relationship to the development of classical legal positivism. In contrast to the style of legal positivism thought in Continental Europe, Bentham grew up in the common law legal tradition. Through the empirical epistemic tradition that developed in England at that time, Bentham made a quite radical criticism of the legal system in England which was considered irrational and did not have a solid foundation, and even tended to mislead the British people at that time. Based on the principle of utilitarianism, Bentham reconstructed the principle of legal establishment to criticize the natural law paradigm in English legal science which led him to legal positivism and marked the beginning of the development of classical legal positivism.

Jurnal Rechten Riset Hukum dan Hak Asasi ManusiaVol. 6(2)
Openalex Percentile: Top 49%
Legal Studies and Policies
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Prinsip UtilitarianIsme Jeremy Bentham dan Keterkaitannya dengan Perkembangan Positivisme Hukum Klasik — Al Rhega Caesar Grestiano Kolang · Jurnal Rechten Riset Hukum dan Hak Asasi Manusia (2024) | TGRS Research Map | TGRS