Minimum content of law and its connection with morality in the neo-positivist concept of Herbert Hart (approaches to the research)

Автор: Romanovskaya Vera Borisovna, Salnikov Mikhail Viktorovich, Gorbunov Maksim Dmitrievich

Журнал: Правовое государство: теория и практика @pravgos

Рубрика: Теория и история права и государства. История учений о праве и государстве

Статья в выпуске: 1 (51), 2018 года.

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The problem of the relation of law and morality has been and remains one of the eternal questions of juridical theory. Being a standard regulator of social relations, the law itself, in one way or another, is connected with other social regulators and, first of all, with morality. This is due to the fact that the issue of their correlation and interrelationship has become not only principled, but also the defining moment when forming the very concept of law. More than three decades in Russian legal science there has been a discussion connected with an integrative approach to understanding the law, in which authoritative national scientists participate. Their opinions converge on the fact that while integrating (combining) concepts, only the best and progressive that they contain is taken from them. It is hardly possible to determine this best and progressive without a moral approach to their evaluation. In the legal concept of Herbert Hart, an attempt is made to give a compromise answer to this problem.

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Legal understanding, morality, law, justice, discussions, comprehensive theory

Короткий адрес: https://sciup.org/142233919

IDR: 142233919

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