E-Journal Widya Yustisia
2005

PARADIGMA FILOSOFIS LEGAL REASONING ANTARA LEGAL POSITIVISM DAN HISTORICAL JURISPRUDENCE SUATU ANALISIS

Barus, Zulfadli (Unknown)



Article Info

Publish Date
02 May 2013

Abstract

Legal research is done if an issue arises that reflects contradiction between the ideal law and real law. Factors influencing gaps in the law related to a certain issue can be determined by legal reasoning. There are two types of legal research namely 1) normative and 2) sociological research. Normative research is based on rationalism, positivism, coherence, a priori, analysis deduction,systematic, literature study, secondary data and qualitative analysis. Sociological research is based on empirical, historica, correspondence, a posteriori, synthesis, induction, systematic, field study, primary data and quantitave analysis. Legal normative research is influenced by systemic reasoning while sociological research is influenced by critical reasoning.

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