You are on page 1of 2

INTRODUCTION

A. Background
Medieval western philosophy (476-1492 AD) can be said to be a dark age, because the
church restricted philosophers in thinking, so that science was hampered and could not
develop, because everything was governed by church doctrines based on belief. If there are
thoughts that contradict the beliefs of the ecclesiastical, then the philosopher is considered an
apostate and will be severely punished until the death penalty.
The Middle Ages were dominated by religion, Christianity in the West and Islam in the
East. This era provides new ideas, although it does not completely eliminate Greek and Roman
culture. Aristotle's works were studied by Islamic thinkers who were later continued by thinkers
in the West. (Abdul Ghofur Anshori, 2006: 14)
The Middle Ages were a special era, marked by a view of human life that felt that they
were nothing without God. during the Middle Ages the standard in people's minds was the
belief that the rules of the universe had been established by God the Creator. According to this
belief, law is first of all seen as a rule that comes from Allah. Therefore, to form positive law,
humans actually only take part in regulating life. because, the law stipulated must be in
accordance with existing rules, namely in accordance with religious rules. The established law
has its roots in religion, either directly or indirectly. According to Christianity, law is related to
revelation indirectly (Augustinus, Thimas Aquinas), namely laws made by humans, compiled
under religious inspiration and revelation, while understanding in Islam law relates directly to
revelation (Al-Syafi'i and others -Other, so that Islamic religious law is seen as part of revelation
(sharia).
At this time, differences began to occur between the laws that came from God and
those that were reached by the human mind itself. The law obtained from revelation is called
divine positive law (ius divinium positivum) and laws that are known to humans based on
reason (ius positivum humanum) (Zainuddin Ali, 2010: 14-15)
Despite the richness of detailed formulations, medieval legal philosophy was
fundamentally very uniform. He specialized in the philosophy of law of Thomas Aquinas, who
gave a lengthy discussion of law in Summa Theology. Basically, this legal philosophy has been
taught to the present day by Catholic thinkers who saw the perfect expression of philosophia
perennis in Thomas Aquinas' system. Because, at least in the field of legal philosophy, the
transition from Augustine and Plato's elements contained in his thought to Thomas Aquinas
follows, even more so because in the field of law Thomas Aquinas often defended medieval
thought and rejected Aristotle.

B. Problem Formulation
1. How was the history of the development of legal philosophy in medieval times?
2. What is contained in Medieval Philosophy of Law?
CONCLUSION AND RECOMMENDATION
A. Conclusion
Medieval western philosophy (476-1492 AD) can be said to be a dark age, because the
church restricted philosophers in thinking, so that science was hampered and could not
develop, because everything was governed by church doctrines based on belief. If there are
thoughts that are contrary to the beliefs of the ecclesiastical, then the philosopher is
considered an apostate and will be severely punished until the death penalty.
In line with this general conception of law, Thomas Aquinas discusses four main
questions in an effort to define law. first, he asks whether laws and regulations (lex) are rational
or reasonable, whether law is intended for the common good, on the issue of whether
everyone's reasoning is suitable for making law, the fourth main question to be explained asks
whether publication is the essence of law.

B. Recommendation
Law enforcers must understand the concept of law by understanding the in-dept
concept of legal philosophy itself because philosophy provides substantial and radical
explanations or answers to these problems. Therefore, the philosophy of science can be seen as
an effort to bridge the gap between philosophy and science, so that science does not
underestimate philosophy, and philosophy does not view science as a superficial understanding
of nature.

You might also like