Positivism and the Separation of Law and Morals

Nadia Rohadatul Aisyi and Joko Priyono Fx
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Nadia Rohadatul Aisyi: Master of Law, Diponegoro University
Joko Priyono Fx: Master of Law, Diponegoro University

International Journal of Research and Innovation in Social Science, 2023, vol. 7, issue 11, 1240-1250

Abstract: Legal positivism makes a strict separation between law and morality. The originators of legal positivism separated the legal domain from the moral domain. The purpose of this paper is to explore how law and morality are separated in the positivism paradigm. This research is a normative type of research with a conceptual approach. Legal positivism or positive law strictly separates law and morals, as well as between the law that applies and the law that should be. There is no room for considerations that refer to other normative sources. The case involving Grandma Minah is one example of the application of the view that the law is considered normative and does not consider the moral elements contained therein.

Date: 2023
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Persistent link: https://EconPapers.repec.org/RePEc:bcp:journl:v:7:y:2023:i:11:p:1240-1250

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