Origins of natural law: the historical aspect
Journal Title: Альманах права - Year 2018, Vol 9, Issue 9
Abstract
Changes in the world and modern society, which took place in the second half of XX – at the beginning of the XXI century and continue today, necessarily led to increased attention to the comprehension of common views on law, first of all, to understanding the laws of human existence through the prism of law. The development of the society characterized by qualitatively new state, defined as the globalization process – the global process that integrates national education into a single global system. Globalization involves the convergence of national legal systems, creation of unified legal standards. In this regard, special significance acquires a natural right, such as that belonging to a person from birth, which is laid down in the very essence of the existence of man and is the same for all. In the theory of law, in this aspect, natural law is regarded as theoretical doctrine, according to which the main source of law is nature itself, and not the will of the legislator. The purpose of the study is to analyze the historical aspects of the origins and sources of natural law, which has a broad, universal significance and is reinforced in the modern world. The development of the idea of the content of law in the Ancient World, where in the early class society begin to distinguish between natural and human laws, is analyzed. The historical aspect of the development of natural law in the Ancient world, in the Roman Republic, is presented, and the legal representations of the classics of Roman jurisprudence are analyzed. In the Middle Ages there is a decline in the development of legal thought, the church by its authority suppresses any opinion that does not coincide with church, religious dogmas. At that time, there were legal schools, representatives of which were dealing with the problems of using in the modern Roman law, referring to natural law, tried to develop a logical system of general legal principles, categories and concepts. Return to the study of Roman law relates primarily to the activities of lawyers at the Bologna University in Italy. In the paper is analyzed the restoration of the doctrine of natural law during the Renaissance and the New Age, as well as the development of the theory of natural law in classical German philosophy. The conclusion is made on the relevance at the present stage of the issue of origins and sources of natural law.
Authors and Affiliations
Viacheslav Vasetsky
Keywords
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