Basic Concept of Positivism in the Development of Legal Studies

Agussalim Andi Gadjong


DOI: http://dx.doi.org/10.17304/ijil.vol8.2.263

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Abstract


Legal norms governing a social system are known as the legal system, which
function as guidelines for the creation of rules for community members. A
legal system comprises norms (principles) serving as guidance (reference),
either individually or in groups, which include command (compulsion) and
restrictions (regulation) as well as sanctions. Command and restrictions
are construed as the materialization of the agreement made in regulating
interactions, which can be used as comprehensive guidelines in the social
system. Whereas sanctions are intended as retribution (punishment) for any
person (group) who fails to abide by (comply with) the rules. Retributions
as the consequences of the agreement on a legal system as well as sanctions provided for in the legal system constitute psychological motivation for taking or refraining from taking action.




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