The influence of the school of fragmentatism in philosophy is strongly felt in the school of legal realism. It is known that at that time (at the beginning of the 20th century) in the world of philosophy, the teachings of this pragmatism developed and adopted by William James and John Dewey, among others. In fact, it can be said that pragmatism is in fact a philosophical basis against the school of legal realism. In the writings of the followers and inspirations of the school of legal realism, such as the writings of D.ari Benjamin Cardozo or Oliver Wendell Holmes, the influence of this doctrine of legal pragmatism becomes very clear. As we have already explained, this school of legal realism was preferred by its own pioneers to be considered just. a movement for them to be. To call it a movement of legal realism. The popular name of the school is indeed „legal realism“, although other names have been proposed against this school, such as: Functional Jurisprudence. Experimental jurisprudence. Legal pragmatism. Idea of legal observation.
Lawyer Aktualismus. Legal modesty Legal description. Scientific jurisprudence. Constructive skepticism. If we look at any of the examples of immoral crimes above, this is true in the negotiators` settlements – the applicable invitations have clearly indicated the forms of crimes and offences that are prohibited and their witnesses. But when it comes to solving a case, a judge doesn`t rely solely on laws and regulations. But the judge has to look at how things are going in society. How has the public reacted to this case? What are the community`s expectations to resolve the case? A judge can`t be rigid when it comes to simply wearing horse glasses in legislation, but that doesn`t mean it`s not based on it either. Seornag judges must have a broad view and their own views when deciding a case. The way for judges to be able to decide a case paying attention to all aspects in accordance with the pragmatic school of legal realism that this school thinks: there are several questions that are often asked by legal realism in defiance of legal theories and concepts, including: Northrop divides the school or Madzhab of the philosophy of law into 5 (five) schools, This school holds that the universal and eternal law comes directly from God. The promoters of this school include: Thomas Aquinas (Aquino), John Salisbury, Daante, Piere Dubois, Marsilius Padua and John Wyclife. Before the birth of this school, a thought called legalism had developed in jurisprudence, which did not consider any law outside the law, in this case the only source of law was the law.
The Hukurn School of Realism essentially puts forward some of the following theses: In the philosophy of law, the division of different schools or schools is known, proposed by several researchers, including F.S.G. Northrop and Lili Rasjidi. Therefore, by discussing the prosecution of immoral crimes associated with schools of philosophy of law, where the author tries to link this to the pragmatic school of legal realism, often called legal realism. The author formulated 2 things discussed in this article, namely: Kant`s imperative category requires that all members of society continue to obey the positive laws of the state, although there are elements in the law that contradict the foundations of humanity. Here there is already an absolute prohibition of behavior, which is attributed to the ruler of the state, so that with this imperative category, the teachings of Immanuel Kant can also be attributed to the school of positivism. Kant`s opinion was followed by Fichte, who said that the laws of nature were derived from human conditions. The law in the true sense of the word. This type is called a positive law, which consists of laws promulgated by the ruler, such as: laws, government regulations, etc., laws made individually or compiled by the people, used to exercise their rights, examples of the right of the guardian to his guardianship. Right in the unconstitutional sense, in the sense of a law that does not meet the requirements of a law, for example: provisions in organizations or companies. Legal realism looks at the law as a lawyer looks at the law. For a lawyer, the most important thing when you look at the law is how. predict the outcome of a court case and the future of the rule of law.
Therefore, in order to accurately predict the outcome of a court decision, a lawyer must also consider previous court decisions in order to then predict future decisions. The essence of thought in this school is to make laws and regulations the main law, where the law must be evaluated in its application. Pragmatic legal realism can be observed in judges and courts that occupy a central position, namely as decision-makers in matters of the right of life. Nevertheless, the pragmatism of William James and John Dewey himself had a great influence on the teachings of Roscoe Pound and also influenced the teachings of Oliver Wendell Holmes, but not as much as his influence on the teachings of Roscoe Pound. On the contrary, this school says that the source of universal and eternal law is human relationships. This view emerged after the Renaissance (at a time when man`s relationship was considered detached from the ordained divinity/detachment from God`s relationship), which held that the laws of nature that result from man`s mind (relationship) of what is good and bad were left to the decency (morality) of nature. Among his dignitaries were: Hugo de Groot (Grotius), Christian Thomasius, Immanuel Kant and Samuel Pufendorf. The author has chosen a criminal case of immorality, which is discussed for resolution and associated with the pragmatic current of legal realism.
The case is located in one of Indonesia`s provinces, Bengkulu. With #NyalaUntukYuyun, the case has also found its way to the national level. As noted above, legal realism is not a school, but a movement of reflection on the law, as William James asserted: „Pragmatism is a new name for some old ways of thinking. His perspectives are decidedly positivist. Karl Llewellyn (Thomas W. Bechtler: 1978) points out that legal realism is a „movement“ with its characteristics, including: The philosophy of law consists of different types of schools that have different views on law and law enforcement, such as: In addition to the two figures, there are also other scholars, namely Soehardjo Sastrosoehardjo, who divides the philosophy of law into 9 (nine) schools or madhabs. namely: in the prosecution of immoral crimes, this current believes that it must be adapted to the applicable law, namely how the Penal Code regulates the crimes of immoral acts and witnesses against the perpetrator, as well as pay attention to what is really happening in society and evaluate the law that no longer corresponds to what society expects.