JURISPRUDENCE POSITION IN THE COMMON AND CIVIL LAWS

Edi Rohaedi

Abstract


The development of jurisprudence continues to grow in accordance with the existing laws in the society which it is not the same as the law in legal development. It is not related to the rigid nature of the law which only regulates the general nature and the process of its formation takes a long time. In practice, the development of jurisprudence, as one of the sources of formal law, can be distinguished into two legal systems affecting the legal world. They are namely the Continental European legal system with its Civil Law System which prioritizes "codification" in the field of law and the Anglo Saxon law with its Common Law System, which is famous for the "Precedent" system binding the judges to follow the previous judgment in deciding the same case.

Keywords


legal system, jurisprudence, source of law.

References


[1] Muchsan, Peradilan Administrasi Negara, Liberty, Yogyakarta, 1986

[2] Mertokusumo, Sudikno, Hukum Acara Perdata Indonesia, Liberty, Yogyakarta, 1993.

[3] Lotulung, Paulus Effendie Lotulung, Yurisprudensi Dalam Perspektif Pengembangan Hukum Administrasi Negara, Professorship Inaugural Speech at Faculty of Law Pakuan University, Bogor, 24 Nopember 1994

[4] Barker, David dan Colin Padfield, Law, Made Simple Books, 8 th Edition, Oxford, 1992.

[5] Kottenhagen R.J.P. dan Kaptein M.C., Toegankelijkheid van Rechtspraak, Gonda Quint B.V., Arnhem, 1989.


Full Text: PDF

DOI: 10.33751/jhss.v2i2.950

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