THE EXPERT OF PHILOSOPHY OF LAW

Name : Nabila Nur Safitri

NIM : 8111422655
Lecturer : Dr. Indah Sri Utami, S. H., M. Hum.
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1. Jeremy Bentham (1748-1832)
was an English legal philosopher. He studied at Oxford and became a Barrister
(advocate) in London. Bentham is one of the empiricist philosophers in the field of
morals and politics. He is interested in various issues related to public morality. He
headed the group (Philosophical Radicals) which became the beginning of the liberal
reform movement. His thought was influenced by the thoughts of French philosophers
which he then brought to England and had several main followers named Freethinkers.
He founded College London University in 1826 together with Freethinker. Starting from
a proverb named Francis Hutcheson, he developed it into moral philosophy. He is the
founder of Utilitarianism. This stream of legal philosophy has an understanding, "The
Greatest Good for The Greatest Number". This principle implies that in any situation the
right course of action is to maximize pleasure rather than suffering. The more people who
get happiness from the law, that law is considered good law. This principle is basic and
very familiar to every English in England.
2. John Stuart Mill
was an English philosopher and political economist. During his youth, he was a
genius kid and had matured before his age. He has much experience with the law because
of the relationship of his father, James Mill, who is also a philosopher. John Stuart Mill
believed in the philosophy of utilitarianism, which he would describe as the principle that
states "actions are right in that they tend to promote happiness, and actions are wrong
because they tend to produce the opposite of happiness. In his book "Utilitarianism", the
utilitarian doctrine is that happiness is something to be desired, and the only thing to be
desired as an end. All other things are only desirable as a means to that end. His response
to utilitarianism is the argument for the qualitative separation of pleasure. Moral
pleasures are superior to material pleasures. Moreover, the pleasures that are actively
obtained are of higher quality than those obtained passively. John believes that in order to
achieve happiness we need to be an active person in order to achieve it rather than take
pleasure from others. We dont need to take the happiness from others because in the after
we are only considered to have no sensitivity and cannot wonder someone's happiness.
3. F. C. Von Savigny
was a German jurist and historian. He studied to Professor Anton Bauer and
Professor Philipp Weiss. He wrote several projects in book form including Das Recht des
Besitzes (Law of Ownership). Von Savigny was a pioneer of the legal historical stream of
law which was created because it was a reaction to Thibaut regarding the codification of
civil law in Germany with a French legal basis (the Napoleonic Code), Also a reaction to
naturalism law and legal positivism. However, the codification of France took more than
a century so Germany did not have a codification of civil law at that time. According to
him, the law was not made but grown and develops with the society. He does not agree
with the existence of laws that are universal at all times and apply to all nations. The law
 is very dependent or sourced from the soul of the people and the content of the law itself
is determined by the association of human life from time to time (history) which each
individual reflects the behavior of modern and complex society. Von Savigny also
intended to give an honorable place to native Germans in Germany itself by making
German law to be the national law of Germany
4. Roscoe Pound
was a jurist and legal philosopher. He served as dean of the law faculty at Harvard
University in 1916. He was the founder of the Sociological Jurisprudence movement. He
thinks that the law is not only formal but also "the law must be stable and yet it must not
stand still". Sociological Jurisprudence shows a careful compromise between written law as
the needs of the legal community for the creation of legal certainty (positivism law) and
living law as a form of appreciation for the important role of society in law formation and
legal orientation. According to him, there are 3 interests that must be protected by law:
public interest, individual interest, and interest of personality. The essence of Sociological
Yuridprudence is, that the good law is a law that is in accordance with the law that lives in
society. Sociological jurisprudence is focused on how people react to the laws that apply in
an area or vice versa. This stream argues that the only laws that can apply and survive are
those that are in accordance with experience and then develop and be tested by reason.
5. Charles Sampford
is a legal philosopher and professor of law at the University of Melbourne. He was
awarded a scholarship to study at the University of Oxford and earned his Ph.D. in 1984 and
produced "The Disorder of Law" which was published by Blackwells. The theory has the
meaning that the law is actually melting like water. The form is uncertain so that the actions
to be taken are also uncertain according to the circumstances. According to him, even
though the law is a form of positive law, there is still interference and the thoughts of
experts who certainly try to make laws that are suitable for the community behind it. When
we only stick to positive laws, the world will be in chaos. In solving a case, sometimes there
are things that will happen unexpectedly which can be called chaos. Positive law can not
solve more about the chaos that occurred. Chaos theory has the meaning that it is not a
disorder but order when viewed holistically so that various events that cause chaos will be
understood as an order in disorder.