The Integration For Morality Values In The Concept of Law

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