Legal Sources from the Perspectives of Legal Logics
6/27/2006 12:00:00 AM
Author/Researcher : A. Ridwan Halim
Research Areas :
Journal : Gloria Juris
Volume : Vol. 5 No.2, May-August 2005
Year : 2005
Abstract:
Many legal experts argue that the term legal sources may have more than one meaning, resulting in a relatively pluralistic definition, which is then subject to the perspectives of each legal expertise. Thus, Paton once argued that the term legal sources may have multiple meanings, which can cause errors, unless a comprehensive study is conducted on a certain meaning which will then be assigned to the term only in a specific context. However, from the perspectives of legal logics, it is convincing to argue that the term legal source has already had its essential meaning that cannot be replaced with any other definitions, despite the pluralistic interpretations towards the term. Therefore, in addition to the multiple perspectives of what constitutes the best definition of legal sources, a single definition of such terms should be the common ground of legal practitioners, particularly from the perspectives based on the legal logics.