Garuda - Garba Rujukan Digital

Ong Argo Victoria

Internasional Islamic University Malaysia

Author-ID : 2449430

Law, Crime, Criminology & Criminal Justice Other

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Philosophical Discussion of Legal and Moral Relationships in Perspective of Natural Law and Legal Positivism Achmad Soeharto; Taufik .; Ong Argo Victoria
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 21, No 1 (2022): PENA JUSTISIA
Publisher : Faculty of Law, Universitas Pekalongan

The relationship between law and morals has become an academic and philosophical debate throughout the ages, especially in the schools of natural law and legal positivism. The school of natural law always relates law and morals in a close, inseparable relationship, like a coin. The law must contain moral values. Meanwhile, legal positivism clearly separates the relationship between law and morals. Thus the law is not at all related to morality, the problem of law contains moral values or not, not the substance and legal issues, the most important thing is that the law is made by a sovereign ruler. Law is separated from non-juridical elements, such as ethics, morals, politics, economics, sociology, and so on. In other words, the law is purified from something that is not law. With the very sharp differences between the two schools of law, the schools of natural law and legal positivism for hundreds of years have never agreed on the relationship between law and morals. Each has a paradigm, method, theory, and a strong philosophical basis in seeing the relationship between law and morals.Keywords: Natural Law, Legal Positivism, Law and Morals

Philosophical Discussion of Legal and Moral Relationships in Perspective of Natural Law and Legal Positivism Achmad Soeharto; Taufik .; Ong Argo Victoria
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 21, No 1 (2022): PENA JUSTISIA
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i1.2204

The relationship between law and morals has become an academic and philosophical debate throughout the ages, especially in the schools of natural law and legal positivism. The school of natural law always relates law and morals in a close, inseparable relationship, like a coin. The law must contain moral values. Meanwhile, legal positivism clearly separates the relationship between law and morals. Thus the law is not at all related to morality, the problem of law contains moral values or not, not the substance and legal issues, the most important thing is that the law is made by a sovereign ruler. Law is separated from non-juridical elements, such as ethics, morals, politics, economics, sociology, and so on. In other words, the law is purified from something that is not law. With the very sharp differences between the two schools of law, the schools of natural law and legal positivism for hundreds of years have never agreed on the relationship between law and morals. Each has a paradigm, method, theory, and a strong philosophical basis in seeing the relationship between law and morals.Keywords: Natural Law, Legal Positivism, Law and Morals

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Journal : Pena Justisia: Media Komunikasi dan Kajian Hukum