The problem of the correlation of natural and positive law in the national legal thought of ХІХ–ХХІ
Journal Title: Альманах права - Year 2018, Vol 9, Issue 9
Abstract
The problem of interaction of natural and positive law in the theoretical concepts of domestic supporters of the theory of natural law of the nineteenth and twentieth centuries is investigated. Various approaches to methods and forms of interaction of natural and positive law as aspects of legal reality are analyzed. The views of scientists on sources of natural law are highlighted. Conclusions: a) natural and positive law are considered as relatively independent or complementary, or integrated aspects of legal reality, or recognized the supremacy of natural law with respect to positive law; b) natural law is recognized as a moral criterion and a criterion of justice in relation to positive law (legislation); c) the source of natural law is recognized by the laws of nature, the laws of the self-organization of human communities, the divine mind, the mind of man, the properties of the human spirit, the natural order of things, the nature of man; the source of positive law is the will of the legislator, the state will, the will of the subjects of law, judges or judicial bodies.
Authors and Affiliations
Iryna Muzyka
Keywords
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