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VOL. 5, ISSUE 4 (2023)
Constructing a theoretical framework from Weber's theory for a legal scientific research
Authors
Saleh Sjafei, Bakti Siahaan, Arfan Tarigan
Abstract
Scientific work in the field of legal science in Indonesia often
differs from the empirically tested criteria of scientific research at the
level of modern science. The results of thesis and dissertation level
scientific research at law faculties have so far emphasized technical-juridical
analysis for the needs of legal practice rather than academic research that
criticizes and creates new scientific theories in the field of law.
Academic-based legal research is not sufficiently developed in the realm of legal
education in Indonesia. Dogmatic legal analysis, it seems, takes precedence
over academic legal analysis which allows researchers to fulfill
critical-scientific needs for the renewal of legal dogmatics in accordance with
societal developments. Critical legal education and research tends to be seen
as a threat to legal positivism which refers to the power of state
industrialism. Understanding of normative nature is not performed descriptively
in legal research. Normative legal research is not first deconstructed
scientifically to obtain its position and neutrality in relations of power and
justice. Legal research that is not scientifically oriented is more conducive
to evaluative-policy research, and does not require scientific legal theory. In
the tradition of legal research in Indonesia, researchers even use 'frameworks
of thought', but they do not understand what and where the concept of
'frameworks' comes from. The framework section is usually narrated by
researchers without construction in the form of a 'theoretical framework' or
'analysis model' which often shows confusion in legal research. Legal dogmatic
research should focus more on evaluating the structure (language) of law and
legal practice, namely how far the elements of the article as evaluation
indicators used are in accordance with the resolution of the particular legal
event being studied. Scientific legal research often uses theory in presenting
the framework for its theses and dissertations, and more than one theory is
even associated with the various narratives and research descriptions put
forward. Moreover, legal researchers present large frameworks of thought in the
form of 'grand theory', 'middle-range theory', and applied theory' for research
which is usually carried out in the field of pure science (pure social and
human sciences). It should explain its origins philosophically, its logical
consistency deductively based on certain school of thought of legal philosophy,
and its relevance to the subject matter being studied.
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Pages:124-129
How to cite this article:
Saleh Sjafei, Bakti Siahaan, Arfan Tarigan "Constructing a theoretical framework from Weber's theory for a legal scientific research". International Journal of Law, Policy and Social Review, Vol 5, Issue 4, 2023, Pages 124-129
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