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Positivism and the Separation of Law and Morals

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  • Nadia Rohadatul Aisyi

    (Master of Law, Diponegoro University)

  • FX Joko Priyono

    (Master of Law, Diponegoro University)

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.

Suggested Citation

  • Nadia Rohadatul Aisyi & FX Joko Priyono, 2023. "Positivism and the Separation of Law and Morals," International Journal of Research and Innovation in Social Science, International Journal of Research and Innovation in Social Science (IJRISS), vol. 7(11), pages 1240-1250, November.
    • Handle: RePEc:bcp:journl:v:7:y:2023:i:11:p:1240-1250
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