Abstract
The adoption of moral values into legal concepts seems to still be a debate among legal thinkers, especially between legal thinkers positivism and natural law. This paper analyzes the point of view of the positivism school and the school of natural law. This paper is the result of legal research. The type of legal research used is a type of normative legal research with a conceptual approach. The results of the study indicate that there are differing views between the school of positivism and the school of natural law about the integration of moral values into legal concepts. The school of positivism says that moral value is a different aspect that cannot be included in the legal concept because law is a formal command of power, while the view of the school of natural law says that legal concepts should not ignore moral values because this moral is a standard for law to guarantee value of justice. Keywords : Morality, Law, Positivism, and Natural Law DOI : 10.7176/JLPG/91-18 Publication date : November 30th 2019
Highlights
The School of Natural Law and the School of Law of Positivism, are born from the results of legal thoughts which are rooted in Western legal thought
Dirkusus about morality relations with the law has become a discourse of legal thinkers since centuries past until now
The thinkers of the School of Natural Law think that between morality and law are two mutually integrated components that cannot be separated from each other, while positivism viewers argue that the discussion of morality and law are two things different from their respective characteristics
Summary
The School of Natural Law and the School of Law of Positivism, are born from the results of legal thoughts which are rooted in Western legal thought. After the second world war, humanitarian values declined, the more victims of war from innocent civilians, the existence of law as a value by having to adopt the values of morality increasingly received the most attention among western legal experts, especially legal experts adherents of the school of natural law. At this point of view, this paper tries to explain the integration of moral values in the legal concept, so that the law can guarantee justice and uphold human values
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