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Erlyn Indarti
Faculty of Law, Diponegoro University
Law, Crime, Criminology & Criminal Justice

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PROGRESSIVE LAW REVEALED: A LEGAL PHILOSOPHICAL OVERVIEW Erlyn Indarti
Diponegoro Law Review Vol 3, No 1 (2018): Diponegoro Law Review April 2018
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (487.557 KB) | DOI: 10.14710/dilrev.3.1.2018.28-42

Abstract

Progressivism is in essence the principles, beliefs, or practices of progressives, i.e. ones believing in moderate social and political  progress in the human condition by means of governmental action. Today’s progressives still fail to offer a coherent account of their core philosophy. They are identified more often by 'what it is not' than by 'what it is'. Progressive law requires the state to embrace a boundless function and use its power to tell people what they must and must not do so as to allow them to get hold of their desired affluence. This concept is embodied in the legal principle Malum Prohibitum. Legal philosophical overview reveals that with this principle progressive law may have the potential to manufacture a system of laws that excessively empowers the state so that liberty is crushed and the light of a free society is replaced with the darkness of tyranny.
BRIDGING THE GAPS : A PARADIGMATIC INSIGHT INTO PHILOSOPHY OF LAW Erlyn Indarti
Diponegoro Law Review Vol 1, No 1 (2016): Diponegoro Law Review October 2016
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (456.694 KB) | DOI: 10.14710/dilrev.1.1.2016.1-16

Abstract

Paradigm represents a worldview that defines, for its holder, the nature of theworld, the individual's place in it, and the range of possible relationships to thatworld and its parts. It comprises of four main elements, i.e. ontology, epistemology,methodology, and methods. Within the discipline of law, there seem to be two setsof gaps separating philosophy of law's building blocks that dissociate, first, legalpractice from legal theory and, second, legal science from legal philosophy. It isthe purpose of this article, with the help of paradigmatic insight, to bridge thosegaps.Keywords: law, philosophy of law, paradigm, paradigmatic study of law
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