PARADIGM PROPHETIC Critique of Rational Paradigm Based on the Charter of Medina Top Concept Morality of Law H.L.A. Hart)

Hamdani, Fitrah and , Prof. Dr.Khudzaifah Dimyati, S.H. M.Hum and , Dr.Kelik Wardiono,S.H.,M.H (2016) PARADIGM PROPHETIC Critique of Rational Paradigm Based on the Charter of Medina Top Concept Morality of Law H.L.A. Hart). Thesis thesis, Universitas Muhammadiyah Surakarta.

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Abstract

The concept of morality H.L.A Hart in the paradigm of rational adhering to the "credo" morality should be a requirement of legal beverages. This is due to two factors: a) Human beings have limitations in doing good for others: and b) The law has limitations in regulating the development of society. While the concept of the Charter of Medina in terms of moral paradigm believe that the human prophetic specifically have a feeling of responsibility and shame will the bad things in him that could not be avoided. This proves the necessity of the existence of God as the source of donor responsibility. The problem of this thesis, namely: a) What is the basic assumptions of the epistemological basis of morality of law and legality of legal basis in the concept H.L.A Hart about the moral and legal ?; and b) How do the basic assumptions legal basis for morality and legality of the law of the Charter of Medina in critiques of the legal basis for morality in the concept H.LA. Hart? By using philosophical methods, is intended to explore the basic assumptions of the base epistemilogis jurisprudence, by connecting jurisprudence with theology, as criticism of the foundation philosophy of development of legal science. The data used in this research is data in the form of information derived from material library, which relate directly to the object of research. The conclusions of this study, Later I. Based on the concept of the paradigm rasional H.L.A Hart is; a) Assumptions The basis is: (1) Ontological Assumptions; (a) primary rules; daan (b) in the form of secondary rules (rules secundary). (2) epistemological assumptions; (a) The rule of law as a reference at the discretion; (b) The rule of law is a relative morality, but the normative character; and c) Relation between material facts / empirical. (3) Assumptions Aksiology; (a) The thesis of separation; (b) Legislation; (c)The decision of Justice; and (d) Community habit. As well as b) Value / Ethos: (1) Ontological ethos; (a) Autonomous; (b) Individual; (c) Procedural; and (d) Relative. (2)The ethos of Epistemological; (a) Rational; and (b) Objective. And (3) Aksiologinya ethos; (a) Normative; (b) Relative; (c) formalistic; and (d) Legal certainty. Later II. Based on the draft Charter of Medina in the prophetic paradigm is: a)Assumptions: (1) Ontological Assumptions; (a) relative morality is the result of creation and will realiras absolute; and (b) Norma morality is supposed reality (sollen) which dicipkan on the will of the authorities through a messenger. (2) epistemological assumptions; (a) Morality Integralistic with the basics of transcendence; and (b) Morality is obtained through the instrument body and spirit. And (3) Assumptions Aksiological;Regression (back to nature) to be a human being Ulul Albab. As well as b) Value / Ethos: (1) Ethos Ontology; (a) Medina Charter. (2) Epistemological ethos; (a) Morality based on the adab with deliberation; and (b) Morality is born on the balance of thought and remembrance. (3) The ethos Aksiological; (a) Development of unity; (b) Respect for human dignity; and (c) Respect for peace and justice. Keywords: Moral Concepts, Medina Charter, Prophetic Paradigm, Paradigm Rational

Item Type:	Karya ilmiah (Thesis)
Uncontrolled Keywords:	Konsep Moral, Piagam Madinah, Paradigma Profetik, dan Paradigma Rasional
Divisions:	Fakultas Hukum > Hukum
Depositing User:	Unnamed user with username r100110016
Date Deposited:	20 Jun 2016 06:06
Last Modified:	20 Jun 2016 06:12
URI:	http://eprints.ums.ac.id/id/eprint/44185

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