Book Legism Of Legality And Legism Of Legal Edition E. Fernando M. Maullang (1)

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The second edition of the book of legal legality and certainty - E. Fernando M. Maullang. Original book New book 263 pages Legality is claimed by jurists as a derivative of legism. Legism requires a judge to be the funnel of the law only, while legality requires a receding trial. Not only that, legality limits the judge 's role not to perform analogy. Legism itself is referred to by jurists as the foundation of the idea of legality, composed over the philosophical thought of Rousseau, Montesquieu and Cesare Beccaria. The book attempts to trace the thought of the three philosophers and finds a complication, not to be rudely said to be manipulation, done by past jurists over claims of legism and legality that can provide legal certainty. In this second edition, there are rich changes and additions compared to previous editions, especially in chapters 6 and 7 regarding the crisis of law enforcement without morality in legism and legality, and rethinking the idea of legal certainty. Through this book the author seeks to find a meeting point of two different perspectives in view of philosophy and law; from a juridical point of view and a philosophical point of view. The distinction is due primarily to the juridical view being in a positive system and knowing jurisdiction, while philosophical views, if necessary, can exceed positive systems and jurisdictions. This point of meeting is needed to produce critical ideas, not confined to a positive legal system alone. But on the other hand, it didn 't come up with speculative ideas, because his philosophical scent was too strong, making it feel like flying into space without a compass.

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LanguageBahasa Indonesia

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