Apparently, the method used by legal realism, making a lot of “prediction” and making a prognosis against a court decision, is identical to the work of a lawyer examining the law. The most important thing for a lawyer when considering the law is how to predict the outcome of a court case and what the future of legal rules will look like. The rational founder of the laws of nature is Hugo de Groot (Grotius), he emphasizes the role of human relations in the foreground, so that man`s relationship is completely independent of God. It is therefore the human relationship that is the only source of law. The author sees how realism works in jurisprudence by applying the scientific method, there is in fact no specific global method developed by legal realism. Legal Realisem only works by testing the rules, rules and spirits of the law against the existing law. The method used is to reconcile the existing rules with the facts on the ground. Thus, in legal realism, it is clear that it is appropriate to say the importance of the spirit of the social sciences (scientific spirit) for the rapprochement of the right to society. From some of these ideas of legal realism, it is clear that the “social sciences” such as sociology, economics, psychology and politics have a place.
Some branches of the social sciences deserve to owe the legal realism that paved the way for law to become an “object” worthy of examination than had previously been postulated by Kelsen. Before the birth of this school, an idea called legism had developed in jurisprudence, which did not consider any law outside the law, in which case the only source of law was law. Occam also argued that the law is synonymous with God`s absolute will. Meanwhile, Francisco Suarez of Spain argued that a moral man in his community is governed by a general rule that must contain elements of will and reason. God is the Creator of the laws of nature that apply everywhere and at all times. By virtue of reason, man can accept the laws of nature, so that man can distinguish between just and unjust, bad or bad and good or honest. The laws of nature that are acceptable to man are part of it, while the rest is the result of human reason. One of Kant`s works entitled Metaphysical Beginnings of Legal Doctrine is part of his work Metaphysics of Morals) The purpose of his mind is that man has the right, according to his decency, to fight for his external freedom, to present and exercise decency. And the law serves to create a situation of conditions to sustain the struggle. The essence of law, for Kant, is that it is the set of conditions under which one`s own will can be combined with the will of another under the global law of general liberty. Kelsen`s teachings can also be described as a school of critical positivism (the Vienna School).
The doctrine is known as pure jurisprudence. According to the teachings, the law must be purified of politics, ethics, sociology, history, etc. and/or must not be compromised. Science (law) is the formal arrangement of the order/hierarchy of norms. Legal idealism was completely rejected, as these things were considered unscientific by Kelsen. There are many genres of the term Pragmatic Legal Realism, some schools do not want to call it “School of Legal Realism”, but rather “Movement” Movement of Legal Realism. Among the names proposed for this legal realism are: functional jurisprudence, experimental jurisprudence, legal pragmatism, legal observation, legalism, legal modesty, legal descriptionism, scientific jurisprudence, constructive skepticism. The first pioneers of legal realism first developed in the United States, popularized by Karl Llewellyn, Jerome Frank, Oliver Wendel Holmes, Bingham. Later developments were developed by Underhiil Moore, Herman Oliphant, Charles E. Clark, Fellix Cohen, Thomas R. Powell, Arthur R.
Combin, Walter W. Cook, Max Radin, Hessel E. Yntema, Joseph Hutcheson, Samuel Klaus. There are several questions often asked by legal realism in defiance of legal theories and concepts, including: Why is the legal realism of some schools more of a “movement”? Indeed, the thinking of this movement has a critical attitude towards the various forms of service by legal institutions. Since this school agrees with their opinion on the necessary facts, these are not words and only language. It is not normative statements, principles or rules that are needed, but attitudes (behaviour). This is a childish tendency when one expects a certain law that is never false. As noted above, legal realism is not a school, but a movement in the way William James thinks about law: “Pragmatism is a new name for some old ways of thinking. Their point of view is decidedly positivist. Karl Llewellyn (Thomas W.
Bechtler: 1978) points out that legal realism is a “movement” with its characteristics, including: If a person wants to predict a court decision, the path is an empirical approach using scientific empirical methods. With intent, it can at least restrict the freedom of judges to interpret the law as they wish. On the contrary, this school says that the source of the universal and eternal law is the relationship of man. This view arose after the Renaissance (at a time when the human relationship was considered independent of the divine order/detachment from the relationship of God), which stated that the laws of nature came from man`s mind (relation) of what is good and bad, leaving judgment to the decency (morality) of nature. His characters include: Hugo de Groot (Grotius), Christian Thomasius, Immanuel Kant and Samuel Pufendorf. In addition to these two figures, there is another scholar, Soehardjo Sastrosoehardjo, who divides the philosophy of law into 9 (nine) schools or madhhabs, namely: This school holds that universal and eternal laws emanate directly from God. Supporters of this school include: Thomas Aquino, John Salisbury, Daante, Piere Dubois, Marsilius Padua and John Wyclife. Lili Rasjidi divides the schools/madhabs of legal philosophy into 6 (six) grandes écoles: The school (school) has always been equated with the pragmatic legal realism that has developed in the United States.
