Противоречие между естественно-правовой и позитивно-правовой теориями: теоретический и практический аспекты

Abstract

The contradiction between the theory of natural law and the theory of positive law has a long history. In most studies on the relationship between natural-legal and positive-legal theories, their incompatibility is not called into question. However, in practice, both theories influence the legal sphere, which actualizes the significance of the formation of scientific theory, which reveals the question of combining elements of natural-legal and positive-legal theories. Within the framework of this work, an approach has been taken to consider the difference between the theoretical and practical aspects of the relationship between theories of natural law and positive law. During the study, methods of analysis, synthesis, comparison, abstraction and generalization are used, as well as theoretical achievements of representatives of the historical school of philosophy of science are used. As a result of the study, it was found that the original contradiction between the theories of natural and positive law de-termined their allocation in two areas of legal research, which differ in subject and methodological terms. This discrepancy defined the transition from contradiction between the two theories to their coverage of different aspects of law, which made possible the mutual addition of elements of natural and positive legal theories in the practical sphere.