Ontological and Epistemological Implications of Modern Science on Content Materials of Modern Constitution

Abstract

Modern civilization stands firmly on the basis of modern science value. Historically, the modern science is the antithesis of traditional science accros the history of Middle Age and Renaissance. The Middle Age adheres ontologically and epistemologically to divine truth and faith while the Science Modern Age adheres ontologically to materialism human truths and epistemologically to rational, empiricism or objectivism truths. One phenomena of the modern civilization is modern constitutionalism, in practice it puts the constitution as the highest basic law of the constitutional system, and almost all modern states have a constitution as the basis of their constitutional system. Thus, this research tried to analyze the implicative relation of the modern science with the existence of content materials of the modern constitutions, especially in the context of power and human rights. By using the conceptual approach with qualitative analysis, this research found that the ontology and epistemology of the modern science strongly influenced three analyzed constitutions: the American Constitution, the Federal Republic of Germany Constitution and the Indonesian Constitution. In the context of the values of power, the effects of ontology and epistemology of the modern science appear in the practice of separation/division of power in the form of executive, legislative and judiciary institutions; while in the context of the values of human rights the effects of ontology and epistemology of the modern science appear in the significance of human freedom as individual for his/her life where the state cannot further intervene as far as it concerns the freedom of human dignity. In the content materials of the modern constitutions where the effects of ontology and epistemology of the modern science are very significant, there is no room for ontology and epistemology of science based on the metaphysics and faith since it is replaced by human rationality.

Keywords: ontology of modern science; epistemology of modern science; modern constitution.

DOI: 10.7176/JLPG/84-15

Publication date: April 30^th 2019