The issue of Hugh Grotius’ role in the formation of the jusnaturalist type of legal thinking in the New Age

Автор: Gusarova M.A.

Журнал: Общество: политика, экономика, право @society-pel

Рубрика: Право

Статья в выпуске: 1, 2021 года.

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The study focuses on the role of Hugh Grotius in the formation of the jusnaturalist type of legal thinking in the New Age. The relevance of the ideas of the outstanding Dutch philosopher and legal scholar in the context of increasingly complex international relations and in connection with the theoretical and legal problem of understanding the norms of international law in the system of national law sources is noted. The author's special attention is focused on a detailed analysis of the natural law doctrine of Hugo Grotius, in which natural law is an eternal law that is unchanging even for God, appealing to the mind of man as a person of will, and positive law is seen as volitional rules changing in response to social and historical conditions. It is emphasized that among the natural law values, such as life, security, freedom, justice, the right to own property, etc., in the first place in the Grotius’ system is the supremacy of human life(their own lives and those closest to them), which must remain a priority even in conditions of war. It is concluded that Hugo Grotius has applied a broad approach to understanding law, which implies a simultaneous appeal to both the essential foundations of law and the forms of its expression in legal reality, he also has the special role in the formation of the natural law type of legal thinking, which consists primarily in the construction and scientific substantiation of the jusnatu-ralism system in the New Age.

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Hugo grotius, law, legal thinking, jusnaturalism, international law, natural law, positive law, natural law values, rationalism

Короткий адрес: https://sciup.org/149134315

IDR: 149134315   |   DOI: 10.24158/pep.2021.1.13

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