Theoretical and practical aspects of understanding natural and positive law

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Introduction: in modern legal studies, much attention is paid to the question of the relationship between theories of natural and positive law, but these studies are focused mainly on reflecting the theoretical aspect of the problem. At the same time, the importance of natural-legal and positive-legal attitudes as elements of legal consciousness is rarely subjected to theoretical development. The article sets forth the problem of the practical significance of natural-legal and positive-legal theory as meaningful elements of legal consciousness. Literature Review: in the course of his work, the author relies on theoretical and legal studies on the problems of natural and positive law, as well as on studies that reveal the meaning and specifics of legal consciousness. The works of such authors as V.M. Shafirov, A.V. Novikov, V.P. Malakhov, E.V. Uvarkina, Yu.V. Gruzov are involved. Materials and methods: the study uses methods of analysis, comparison, deduction, as well as structural-functional and socio-phenomenological approaches. Results: the study analyses the contradiction between theories of natural and positive law, as well as gives a general description of their content. The importance of legal consciousness as the basis for the socio-legal activity of the active subject is considered. The influence of natural-legal and positive-legal attitudes on the way of attitude to the existing rules of law is determined.

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Theory of natural law, theory of positive law, legal consciousness, society, relation to law

Короткий адрес: https://sciup.org/142231024

IDR: 142231024   |   DOI: 10.37973/KUI.2021.39.99.005

Статья научная