Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 23 No. 3 (2024): Pena Justisia

Prophetic Paradigm as an Alternative Critique Toward Hart’s Concept of Morality and Law

Fitrah Hamdani (Faculty of Law, Universitas Muhammadiyah Surakarta)
Khudzaifah Dimyati (Faculty of Law, Universitas Muhammadiyah Surakarta)
Absori Absori (Faculty of Law, Universitas Muhammadiyah Surakarta)
Kelik Wardiono (Faculty of Law, Universitas Muhammadiyah Surakarta)
Dianto Dianto (Faculty of Law, Universitas Teknologi Sumbawa)



Article Info

Publish Date
31 Dec 2024

Abstract

"Prophetic Paradigm" generally refers to a framework or approach that emphasizes the role of prophecy or prophetic figures in shaping religious, spiritual, or social understanding. This paradigm is often discussed in religious contexts, particularly within Christianity, Islam, and Judaism, where prophets are seen as key messengers of divine will, providing guidance, correction, and insight to communities. This article critiques the ethical principles of the epistemological basis of the relationship between law and morality in Herbert Leonel Adolphus Hart's (H.L.A. Hart) rational paradigm, which is founded on the prophetic paradigm via the lens of the Medina Charter. It employs a philosophical approach to investigate the fundamental assumptions of the epistemological foundation of legal science by connecting legal science to prophetic science. This study's data are collected from literature. This analysis shows that Hart's proposed separation of law and morality is inappropriate. Some rules are both legal and moral. Thus, the criticism of morality in the Medina Charter demonstrates that the distinction between law and morality established by Hart cannot be generally implemented and must be evaluated by taking into account social context and moral ideals considered significant by the society.

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Journal Info

Abbrev

hk

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Pena Justisia aims to provide a forum for lecturers and researchers to publish the original articles about Law Science. Focus of Pena Justisia is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate ...