False dualism of natural and positive law

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The article outlines the author’s view on dualism, which is introduced into law by those legal theories that divide law into two main areas: positive law in the sense of norms of behavior established and protected by external (state) authority and natural law in the sense of norms of behavior required reason and moral consciousness of people. The author estimates that modern dualism in the view of law proceeds mainly from the Kantian theory of law. It is analyzed that human life is a set of human goals that fall into two large groups: the goals of the individual and the goals of living together (society). The author believes that natural law must establish under what generally significant conditions the quality of objective truth can be given to the historically conditioned social regulation in the nearest way.

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Legal theories, natural law, positive law, dualism, interest, moral criterion, communication

Короткий адрес: https://sciup.org/14120350

IDR: 14120350   |   DOI: 10.47629/2074-9201_2020_4_24_30

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