RATIONAL EXPEDIENCY ACTION LAW IN THE STRUCTURE OF LEGAL REALITY
Journal Title: Науковий вісник Херсонського державного університету. Серія «Юридичні науки» - Year 2018, Vol 2, Issue 4
Abstract
The article examined the ratio of natural and positive law; defined the main signs of natural and positive law; analyzes the philosophical aspects of the legal nature of the act as the basis of the legal system. It is the value of natural and positive law for justification of existence of society; law is seen as the first principle of legal reality. The comparison of ontos and existence was in the philosophy of law from the ancient time. Consequently, the theoretical comprehension of the law inevitably abstracts from the object and models it in the form of natural and positive law, the contradictory unity of which forms the structure of legal reality, and the delineation stimulates the search for the foundations of law in the life of people. Particularly relevant in this sense is the search for an answer to the questions, do the legal laws correspond to the universal laws of being? Therefore, when studying the rational feasibility of the law in the structure of legal reality, it is necessary to find out exactly where the right exists: in the external world perception or in the material world of a man. In an ontological sense, this issue inevitably leads to an understanding of the relationship between external manifestations and the inner essence of law. In this sense, the definition of ontological structure of law, its distinction from the standpoint of dialectical polarity on the natural and positive as a gnesiology necessary form of theoretical knowledge of the law is an actual research direction of philosophy of law. The purpose of the article is to make a theoretical and cognitive analysis of the philosophical aspects of rational feasibility of law in the structure of legal reality, to investigate the fundamental principles of the appearance and coexistence of natural and positive law in the conditions of legal reality.
Authors and Affiliations
В. В. Савенко
Keywords
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