Nilai Pancasila dalam Metode Penemuan Hukum: Orientasi dan Konstruksi Nilai Pancasila dalam Rechtsvinding

This study examines the role of Pancasila values in the process of legal discovery or rechtsvinding in Indonesia. Pancasila, as the foundational philosophy of the Republic of Indonesia, holds a crucial position in shaping the nation's identity, character, and developmental direction. Beyond being a philosophical underpinning of the state, Pancasila's values serve as guiding principles in the life of the nation, state, and society. Within the legal context, Pancasila is highly relevant in the rechtsvinding process, which involves searching for laws related to specific cases or situations.The research utilizes normative methods with a philosophical and analytical approach. Data is gathered through literature studies, analyzing legal norms, regulations, and relevant legal works. The primary goal is to analyze how Pancasila values manifest in the rechtsvinding approach and their impact on legal stability and justice in the Indonesian legal system.The study findings reveal that Pancasila values play a central role in the rechtsvinding process. These values influence the interpretation and application of the law by judges and legal practitioners. The 1945 Constitution reflects Pancasila values in its principles that form the basis of state law and policy. Articles within the constitution embody Pancasila values like social justice, balance of rights and responsibilities, and human rights protection. Furthermore, Pancasila values significantly contribute to legal stability, fostering certainty and harmony in the Indonesian legal system. The integration of Pancasila principles in the rechtsvinding process guides decision-making with a focus on justice, unity, and equality

The Dark Side of Morality: Group Polarization and Moral Epistemology

This article argues that philosophers and laypeople commonly conceptualize moral truths or justified moral beliefs as discoverable through intuition, argument, or some other purely cognitive or affective process. It then contends that three empirically well-supported theories all predict that this ‘Discovery Model’ of morality plays a substantial role in causing social polarization. The same three theories are then used to argue that an alternative ‘Negotiation Model’ of morality—according to which moral truths are not discovered but instead created by actively negotiating compromises—promises to reduce polarization by fostering a progressive willingness to ‘work across the aisle’ to settle moral issues cooperatively. This article then examines potential methods for normatively evaluating polarization, arguing there are prima facie reasons to favor the Negotiation Model over the Discovery Model based on their hypothesized effects on polarization. Finally, I outline avenues for further empirical and philosophical research

Giner on the Socio-genesis of Morality

I discuss the main claims in a new book on the origins of morality . These are: i) our time, far from being the twilight of morality, is the first time in human history when a universalistic and autonomous morality has emerges as a social phenomenon, not just as a philosophical theory; ii) even if thousand years of rational philosophical discussion of morality has yielded valuable insights, yet a fresh start of critical reflexion on morality qua phenomenon is first possible now, starting with a sociological understanding of morality as spontaneous emergence of codes of norms; iii) sociology is intrinsically ethical theory, since at a certain point, no empirical and technocratic proc-essing of social data still makes sense and sociological discourse has to become reflexive, interpretive, and most of all, construed in terms of explicit valuations

Substantivism about truth

Substantivism is a general philosophical methodology advocating a substantive approach to philosophical theorizing. In this article, I present an overview of this methodology with a special emphasis on the field of truth. I begin with a framework for understanding what is at stake in the substantivist–deflationist debate and describe the substantivist critique of deflationism. I then proceed to discuss contemporary substantivism as a positive methodology, present examples of recent substantivist theories of truth, delineate several principles of philosophical substantivism, and connect it to contemporary thought about the nature and methods of philosophy. Due to limitations of space, I am unable to discuss all the forms contemporary substantivism has taken. But I try to give a clear sense of the central principles, challenges, and promise of this methodology

Integrative biological simulation praxis: Considerations from physics, philosophy, and data/model curation practices

Integrative biological simulations have a varied and controversial history in the biological sciences. From computational models of organelles, cells, and simple organisms, to physiological models of tissues, organ systems, and ecosystems, a diverse array of biological systems have been the target of large-scale computational modeling efforts. Nonetheless, these research agendas have yet to prove decisively their value among the broader community of theoretical and experimental biologists. In this commentary, we examine a range of philosophical and practical issues relevant to understanding the potential of integrative simulations. We discuss the role of theory and modeling in different areas of physics and suggest that certain sub-disciplines of physics provide useful cultural analogies for imagining the future role of simulations in biological research. We examine philosophical issues related to modeling which consistently arise in discussions about integrative simulations and suggest a pragmatic viewpoint that balances a belief in philosophy with the recognition of the relative infancy of our state of philosophical understanding. Finally, we discuss community workflow and publication practices to allow research to be readily discoverable and amenable to incorporation into simulations. We argue that there are aligned incentives in widespread adoption of practices which will both advance the needs of integrative simulation efforts as well as other contemporary trends in the biological sciences, ranging from open science and data sharing to improving reproducibility.Comment: 10 page

Analytic philosophy for biomedical research: the imperative of applying yesterday's timeless messages to today's impasses

The mantra that "the best way to predict the future is to invent it" (attributed to the computer scientist Alan Kay) exemplifies some of the expectations from the technical and innovative sides of biomedical research at present. However, for technical advancements to make real impacts both on patient health and genuine scientific understanding, quite a number of lingering challenges facing the entire spectrum from protein biology all the way to randomized controlled trials should start to be overcome. The proposal in this chapter is that philosophy is essential in this process. By reviewing select examples from the history of science and philosophy, disciplines which were indistinguishable until the mid-nineteenth century, I argue that progress toward the many impasses in biomedicine can be achieved by emphasizing theoretical work (in the true sense of the word 'theory') as a vital foundation for experimental biology. Furthermore, a philosophical biology program that could provide a framework for theoretical investigations is outlined

Teleology and Realism in Leibniz's Philosophy of Science

This paper argues for an interpretation of Leibniz’s claim that physics requires both mechanical and teleological principles as a view regarding the interpretation of physical theories. Granting that Leibniz’s fundamental ontology remains non-physical, or mentalistic, it argues that teleological principles nevertheless ground a realist commitment about mechanical descriptions of phenomena. The empirical results of the new sciences, according to Leibniz, have genuine truth conditions: there is a fact of the matter about the regularities observed in experience. Taking this stance, however, requires bringing non-empirical reasons to bear upon mechanical causal claims. This paper first evaluates extant interpretations of Leibniz’s thesis that there are two realms in physics as describing parallel, self-sufficient sets of laws. It then examines Leibniz’s use of teleological principles to interpret scientific results in the context of his interventions in debates in seventeenth-century kinematic theory, and in the teaching of Copernicanism. Leibniz’s use of the principle of continuity and the principle of simplicity, for instance, reveal an underlying commitment to the truth-aptness, or approximate truth-aptness, of the new natural sciences. The paper concludes with a brief remark on the relation between metaphysics, theology, and physics in Leibniz

On the future of astrostatistics: statistical foundations and statistical practice

This paper summarizes a presentation for a panel discussion on "The Future of Astrostatistics" held at the Statistical Challenges in Modern Astronomy V conference at Pennsylvania State University in June 2011. I argue that the emerging needs of astrostatistics may both motivate and benefit from fundamental developments in statistics. I highlight some recent work within statistics on fundamental topics relevant to astrostatistical practice, including the Bayesian/frequentist debate (and ideas for a synthesis), multilevel models, and multiple testing. As an important direction for future work in statistics, I emphasize that astronomers need a statistical framework that explicitly supports unfolding chains of discovery, with acquisition, cataloging, and modeling of data not seen as isolated tasks, but rather as parts of an ongoing, integrated sequence of analyses, with information and uncertainty propagating forward and backward through the chain. A prototypical example is surveying of astronomical populations, where source detection, demographic modeling, and the design of survey instruments and strategies all interact.Comment: 8 pp, 2 figures. To appear in "Statistical Challenges in Modern Astronomy V," (Lecture Notes in Statistics, Vol. 209), ed. Eric D. Feigelson and G. Jogesh Babu; publication planned for Sep 2012; see http://www.springer.com/statistics/book/978-1-4614-3519-