“…How can we construct the relations between legal scholarship and other disciplines, most importantly moral and political philosophy, sociology, and economics? “A picture of baffling diversity and perplexing inconsistency” (Bodenheimer 1978, 204) exists beneath the glossy surface of our discipline:Tossed to and fro between facticity and validity, political theory and legal theory today are disintegrating into camps that hardly have anything more to say to one another. The tension between normative approaches, which are constantly in danger of losing contact with social reality, and objectivistic approaches, which screen out all normative aspects, can be taken as a caveat against fixating on one disciplinary point of view.…”
Section: Introductionmentioning
confidence: 99%
“…Integrative jurisprudence holds that we must and can bridge the rift between analytical, empirical, and normative methods by way of synthesis (cf. Berman 1988, 779; Bodenheimer 1978, 204–5; Fechner 1962, 291–4; Hall 1958, 37–9). Integrative jurisprudence is in sharp contrast to all positions that see descriptive and normative theories of law as radically disjunct.…”
What is the core of legal scholarship? How can we understand its relation to other disciplines, such as moral and political philosophy, sociology, and economics? I explore these questions by analysing the impact of the dual nature thesis. Criticising established theories of legal scholarship, I defend the ideal of an integrative jurisprudence. Integrative jurisprudence combines the two dimensions of law by employing analytical, empirical, and normative methods. I then discuss three objections and address the problem of how to bridge is and ought. In the course of my analysis of three different bridge theories, I ultimately further develop the dual nature thesis into a triadic nature thesis.
“…How can we construct the relations between legal scholarship and other disciplines, most importantly moral and political philosophy, sociology, and economics? “A picture of baffling diversity and perplexing inconsistency” (Bodenheimer 1978, 204) exists beneath the glossy surface of our discipline:Tossed to and fro between facticity and validity, political theory and legal theory today are disintegrating into camps that hardly have anything more to say to one another. The tension between normative approaches, which are constantly in danger of losing contact with social reality, and objectivistic approaches, which screen out all normative aspects, can be taken as a caveat against fixating on one disciplinary point of view.…”
Section: Introductionmentioning
confidence: 99%
“…Integrative jurisprudence holds that we must and can bridge the rift between analytical, empirical, and normative methods by way of synthesis (cf. Berman 1988, 779; Bodenheimer 1978, 204–5; Fechner 1962, 291–4; Hall 1958, 37–9). Integrative jurisprudence is in sharp contrast to all positions that see descriptive and normative theories of law as radically disjunct.…”
What is the core of legal scholarship? How can we understand its relation to other disciplines, such as moral and political philosophy, sociology, and economics? I explore these questions by analysing the impact of the dual nature thesis. Criticising established theories of legal scholarship, I defend the ideal of an integrative jurisprudence. Integrative jurisprudence combines the two dimensions of law by employing analytical, empirical, and normative methods. I then discuss three objections and address the problem of how to bridge is and ought. In the course of my analysis of three different bridge theories, I ultimately further develop the dual nature thesis into a triadic nature thesis.
Pulau lumpur atau tanah timbul merupakan sumber daya alam baru yang secara ekonomis berpotensi untuk pertanian dan usaha air payau yang berdampak pada penguasaan dan pemilikan tanah oleh masyarakat lokal. Di sisi lain, hukum tertulis negara menyebutkan bahwa tanah timbul merupakan milik negara yang dikuasai pemerintah. Pada kenyataannya sejarah menunjukkan bahwa masyarakat lokal menguasai secara turn-temurun berdasarkan adat yang berlaku. Penguasaan tanah timbul (aanslibbing) di Kabupaten Gresik dan Pasuruan membutuhkan kepastian hukum, dengan kata lain, perpanjangan Hukum Agraria Indonesia masih pluralistik. Untuk masyarakat Gresik, hal ini dapat menjadi kepekaan sosial jika tidak ditangani dengan bijak yakni dengan mempertimbangkan prinsip kepastian dan kegunaan. Kata kunci: tanah timbul (aanslibbing), penguasaan dan pemilikan
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