Sociological jurisprudence emphasizes its attention on the reality of law rather than the positio... more Sociological jurisprudence emphasizes its attention on the reality of law rather than the position and function of law in society. The reality of law is basically the will of society, so it is not just law in the understanding of law in books but in accordance with the legal needs of society in order to create legal certainty (legal positivism) and living law as a form that is appreciated for the importance of the role of society in the formation of law and legal orientation. The strategic role of judges in the perspective of sociological jurisprudence is to apply the law not only understood as an effort of formal social control in resolving conflicts, but at the same time building the application of the law as an effort of social engineering. The judicial task of judges is no longer understood merely as an implementer of laws to concrete events (in the form of various cases and conflicts) or as merely a conveyor of laws (boncha de la loi) but also as a driver of social engineering.
Sociological jurisprudence emphasizes its attention on the reality of law rather than the positio... more Sociological jurisprudence emphasizes its attention on the reality of law rather than the position and function of law in society. The reality of law is basically the will of society, so it is not just law in the understanding of law in books but in accordance with the legal needs of society in order to create legal certainty (legal positivism) and living law as a form that is appreciated for the importance of the role of society in the formation of law and legal orientation. The strategic role of judges in the perspective of sociological jurisprudence is to apply the law not only understood as an effort of formal social control in resolving conflicts, but at the same time building the application of the law as an effort of social engineering. The judicial task of judges is no longer understood merely as an implementer of laws to concrete events (in the form of various cases and conflicts) or as merely a conveyor of laws (boncha de la loi) but also as a driver of social engineering.
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