Filsafat Hukum Aliran Realisme Hukum

Abstract

Axiology of justice being the antithesis of positivism, legal realism is a notion that provides judges great latitude in their decision-making. In order to be able to formulate laws in his choices, a judge must not only follow the rules but also investigate, comprehend, and clearly observe the social truths that occur. Because some legal realists contend that American law is essentially founded in religious conviction, the idea of legal realism with a belief in God, also known as Theistic Legal Realism, first emerged in America. Ordinary Law. The idea of divine legal realism, also known as theistic legal realism, seeks to establish genuine justice by transcendent ideals and guards against judges acting arbitrarily when they are constrained by their duty to God.