Importance Of Legal History

Historical Themes Importance Of Legal History One of the areas of legal research that is still relatively young is the history of law. Few legal enthusiasts are interested in delving into the topic of legal history since the science of legal history is not generally understood. The progress of legal science and a person's ability to comprehend the science of law are, in reality, greatly aided by the study of legal history. A legal history resume book is not meant to investigate the study of law history in great detail. As a result, the field of study in the history of law is likewise rather vast because it is a subfield of general history. The purpose of this resume is only to provide a brief overview of the significance and operation of the field of legal history science. Studying legal history has the following at least four advantages, according to John Gillisen and Frist Gorle among others: 1. The history of law demonstrates the evolution of legal science that results from variations in local conditions as well as from time to time from local law changes and developments; 2. Legal history can assist us in comprehending the standards or provisions of the law that are in effect today; 3. Legal history can offer insight into legal institutions and culture, making it an invaluable resource for novice jurists; 4. The history of law establishes the law in accordance with its evolution over time and is acknowledged as a historical phenomenon (establishing the law in accordance with its historical development). A component of general history is legal history. History is presented as a summary of how all facets of society have been integrated from the Bab to the Century, or from the earliest records to the present. Since all sciences are empirical—that is, based on the observation and experience of a particular feature of reality—the history of law is categorized as a social science or humanitarian science (humanities). This makes it comparable to natural science. B. Developing the Problem 1. What is the law's aim and purpose? 2. How has history influenced the creation of laws? A component of general history is legal history. History is presented as a summary of how all facets of society have been integrated from Bab to the century, or from the earliest records to the present. Since all disciplines are empirical—that is, based on the observation and experience of a particular element of reality—the history of law is categorized as a social science or humanitarian science (humanities). This makes it analogous to the natural sciences. The study of history involves gathering data on all facets of social life that change and evolve throughout time. This indicates that whereas the history of law looks at the legal system from a particular perspective, the study of history looks at society as a whole. Two perspectives were put out by Father Gorle and John Gillisen to evaluate the historicity of the law: the vision of spiritual ideality and vision Materialism in Sociology. The law is seen from the perspective of the spiritual vision of ideality as the embodiment of an absolute concept, which is fundamentally a priori and ahistorical. Even if these concepts may be given in a logical order, it can be quite challenging to understand how one concept relates to another. The materialism perspective of sociology views law as a byproduct or social reality. Law is not the expression of concepts such as proportionality and fairness. This perspective, which is quite similar to the historical approach, has a significant impact on the development of dynamic laws, particularly those that come from historical schools and Marxism. Both Frist Gorle and John Gillisen tended to approach sociology from a materialistic perspective. While the materialistic sociological vision and the spiritualistic idealistic vision eventually appeared to be at odds, John Gillisen and Frist Gorle favored examining the history of law from the perspective of the sociological materialistic vision. The number of reliable sources available for use in discussing the history of law is still far too few. Again, this is due to the fact that, compared to other legal studies, which are thought to have greater potential to support a career in the legal profession that is well-known among legal academics, including attorneys and the like, interest in the study of legal history is still relatively minor. Nonetheless, it is feasible that the study of legal history will expand and advance in the future and contribute to raising the standard of Indonesian law. If the reality of society is the source of law, then how is law formed? This is extremely difficult to ascertain since archeology, legal ethnology, and other fields of study have demonstrated that, even in the absence of written records, the majority of prehistoric peoples knew standards of conduct connected to social balances that eventually developed into actual legal norms. The analysis of earlier and more developed legal systems demonstrates that custom (law) is the fundamental source of law. 1. Lawful Customs It appears that habits are formed in all spheres of social life because of the environment. Generally speaking, a habit is only an individual's or group's act of self-control to perform a certain task on a regular basis. In the meantime, in order for a custom to be considered lawful, it must satisfy several criteria: (1) it must be a communal habit rather than an individual one; (2) it must relate to an act (commission) or self-control (omnition) that in society offers multiple options (at least two); (3) the community must perceive this custom as having legal force; and (4) the General Authority must validate the custom. 2. A state ruler or general A social custom needed the intervention of the government to become a legal norm. There is no doubting that the state serves as the overall governing surface of today. There is a particular balance between the group's members and the person in charge, and each party seeks this through the material circumstances and conditions as well as through the dynamics inside the group to advance certain interests and viewpoints.