Published date: Jan 03 2024

Journal Title: KnE Social Sciences

Issue title: 3rd International Conference on Humanities Education, Law and Social Sciences (3rd ICHELSS)

Pages: 1181–1188

DOI: 10.18502/kss.v9i2.14933

Muhammad Aswanaswan.unhas@gmail.comFaculty of Law, Hasanuddin University, Makassar, Indonesia

Ririn Nurfaathirany HeriFaculty of Social and Law, University Negeri Makassar, Makassar, Indonesia

The development of legal studies is colored by the views of legal scholars who are in opposition to one another, namely views that emphasize that law is sui generis, self-sufficient, and immanent rationality as well as the view that law is not independent or can be influenced by other disciplines, such as politics and economics. Based on these differences in views, the problem to be examined is formulated, namely whether the science of law is an autonomous scientific discipline. These problems are examined based on the type of normative research with a conceptual approach. The analysis related to legal autonomy begins with examining the subject matter of jurisprudence which is nothing but an attempt to find out the nature of law or an attempt to answer the question ’what is law?’. Many jurists have provided definitions of law, including Roscoe Pound, Jeremy Bentham, Hans Kelsen, H.L.A. Hart, Ronald Dworkin, and John Finnis. These jurists have something in common in that law is a rule of conduct or has a normative character. Next is described a view that rigidly states that law is autonomous, namely from Ernest J Weinrib with his concept of ’law as immanent rationality’, and a view that does not rigidly state that law is autonomous, namely from Gunther Teubner and Niklas Luhmann with his concept of ’law as an autopoietic system’. The conclusion of this research is that law is autonomous, but not understood in a rigid manner, where law is closed and open at the same time.

Keywords: law, autonomy, openess

[1] Harris JW. Law and legal science: an inquiry into the concepts legal rule and legal system 1979.

[2] Harris JW. Legal philosophies 1997.

[3] Joerges C, Sand IJ, Teubner G. Transnational governance and constitutionalism. Hart Publishing; 2004.

[4] Ratnapala S. Jurisprudence. Cambridge University Press; 2017. https://doi.org/10.1017/9781316716960.

[5] Simpson AW. The Salmond Lecture. Victoria U Wellington L Rev. 2007;38(4):669–88.

[6] Coubrey HM, White ND. Textbook on jurisprudence 1993.

[7] Weinrib EJ. Legal formalism: on the immanent rationality of law. Yale Law J. 1987;97(6):949.

[8] Teubner G. Autopoiesis in law and society: a rejoinder to Blankenburg. Law Soc Rev. 1984;18(2):291–301.

[9] Teubner G. Autopoietic Law-A New Approach to Law and Society. Volume 8. Walter de Gruyter; 2011.

[10] Teubner G. Law and social theory: three problems. Asian J Law Soc. 2014;1(2):235– 54.