Melintas An International Journal of Philosophy and Religion
Vol. 21 No. 2 (2005)

DIALOG IMAJINER DENGAN HANS KELSEN TENTANG "KEADILAN"

Kusumohamidjojo, Budiono (Unknown)



Article Info

Publish Date
22 Jul 2014

Abstract

This articlewas written in 1987 and was not published to date. It deals withKelsen's concept of justice that is based on his theory of pure law. Kelsen's work was written in the speculative tradition of the European Staatsrecht, which does not necessarily resemble constitutional law in the English analytical tradition. The positive law that governs the daily life should be the result of legal studies that in turn has to be liberated from political interests. For that sake man has to revert to the Grundnorm, by means of continuous application of teleology (which is commensurate with the term "hermeneutics" in modern philosophy). Kelsen was concerned about the trend of formalism as a short cut in the pursuit of justice, which could fire back on the coherence of the social process.

Copyrights © 2005






Journal Info

Abbrev

melintas

Publisher

Subject

Religion Arts Humanities Languange, Linguistic, Communication & Media Social Sciences

Description

The aim of this Journal is to promote a righteous approach to exploration, analysis, and research on philosophy, humanities, culture and anthropology, phenomenology, ethics, religious studies, philosophy of religion, and theology. The scope of this journal allows for philosophy, humanities, ...