TUJUH TEORI ETIKA TENTANG TUJUAN HUKUM
Abstract
By the term "law" I mean system of law that exists in a political territory. Every system of law consists in some necessary elements such as basic laws or constitutions promulgated by the legislative, regulations made by the judicative, practical decrees announced by the executive. The article shall delve
in the topic of ethical theory concerning the purpose of law. Why questioning ethically the purpose of law? By questioning it I try to draw what the ethical reasons of promulgating laws would be in political society. Consequently, every law should not be put into practice in a society, unless it is corresponding with that certain ethical reasons. In so doing, I shall survey the ideas of the seven political philosophers: Hobbes, Cicero, Locke, Aquinas, Bentham, Kant, dan Salmond. From this general survey, I discover that every theory has its own ethical reason which is in line with its anthropology and political philosophy. Besides, every theory finds necessary ethics in its own contemporary context. However, as Indonesia is struggling with law enforcement, it would be helpful to learn
from their ethical theory of purpose of law.
References
Province. Westminster, Maryland: Christian Classics, 1981.
Bentham, Jeremy, An Introduction to the Principles of Morals and Legislation,
Edited by J.H. Burns and H.L.A. Hart. London: Athlone Press, 1970.
Bertens, K., Etika, Jakarta: Gramedia, 1993.
Cicero, De Legibus, dalam De Re Publica, De Legibus, Cambridge, Mass.: Harvard
University Press, Loeb Library, 1928.
Hobbes, Thomas, Leviathan, New York: E.P. Dutton, 1950.
Kant, Immanuel, "Introduction to Metaphysics of Morals" dan "Introduction to the
Elements of Justice," dalam The Metaphysical Elements of Justice, translated
by John Ladd. Indianapolis: The Bobbes-Merrill Co., 1965.
Locke, John, Treatise of Civil Government, dalam Treatise of Civil Government
and a Letter Concerning Toleration, edited by Charles L. Sherman. New
York: Appleton-Cetury-Crofts, 1937.
Rawls, John, A Theory of Justice, Cambridge, Mass.: Belknap Press of Harvard
University Press, 1971.
Salmond, Sir John William, Jurisprudence, edited by P.J. Frizgerald. London: Sweet
and Maxwell, 1966.
Wellman, Carl, Morals and Ethics, Washington: Washington University Press, 1975
