The role of natural law in the development of the theory of adjudication

Distinguishing the theory of validity and the theory of adjudication within legal philosophy, the author considers the correlation and rapprochement of views of natural and positive laws in the theory of adjudication. Besides, the author presents and analyzes the arguments proving the overriding judicial duty to apply the law from the standpoint of the natural law. This research confirms that the natural and positive laws are the incompatible types of law understanding about communication between law and morals within the theory of validity, and they are the incompatible theories about communication between the judgment and morals within the theory of adjudication. The author concludes that despite this fact, it is necessary to protect a positivist position within the theory of validity that the morals are unnecessary and insufficient condition of legality. At the same time, one should support a position of the natural law within the theory of adjudication that the correct judgment in any case has to meet the requirements of morals to some extent.