Building a New Concept of the Purpose of Law: A Preliminary Effort

DOI

10.2991/978-2-38476-164-7_112How to use a DOI?

Keywords

Purpose of Law; Antinomy of Purpose of Law; Coherence; Reconstruction; The Revival of Natural Law

Abstract

There is a contradiction between the concepts of ‘the purpose of law’ and ‘the antinomy of the purpose of law’. The ideas must meet the requirements of ‘coherence’, where each element in the concept must not conflict and constitute one unit. For legal purposes, justice, legal certainty, and legal benefits should be linked, comprehensive, and consistent. However, the antinomy of lawful purpose justifies the existence of eternal conflict between elements of legal purpose, especially between justice and legal certainty. Law students must understand these two concepts as two ideas that are applied as absolute truth. The antinomy of the purpose of law is the essence of the adage ‘summum ius summa iniura’ (absolute legal certainty is a fundamental injustice). It is a strange lesson because it confirms the existence of two contradictory concepts. The inconsistency of the purpose of law and the antinomy of the purpose of law has created confusion. The article reconstructs the concepts of the purpose of law and the antinomy of the purpose of the law by using the principles of coherence, reconstruction, and the main ideas from ‘The Revival of Natural Law’. Then, build a new concept regarding the legal purpose that is more comprehensive. The research method used is theoretical research, using a conceptual approach to obtain secondary legal material in the form of related legal ideas from various books, journals, and other sources. Discussion of the problem uses prescriptive analysis in the form of legal arguments about the need to reconstruct the concept of ‘legal purpose’. The analysis results are arguments regarding the error of thinking about the purpose of the law, the antinomy of the purpose of the law and building a new concept.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Deni Setya Bagus Yuherawan
AU  - Fanny Tanuwijaya
AU  - Subaidah Ratna Juita
AU  - Joice Soraya
PY  - 2023
DA  - 2023/12/21
TI  - Building a New Concept of the Purpose of Law: A Preliminary Effort
BT  - Proceedings of the 3rd International Conference on Law, Governance, and Social Justice (ICoLGaS 2023)
PB  - Atlantis Press
SP  - 1224
EP  - 1236
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-164-7_112
DO  - 10.2991/978-2-38476-164-7_112
ID  - Yuherawan2023
ER  -