К ВОПРОСУ О СОВМЕСТИМОСТИ ЕСТЕСТВЕННО-ПРАВОВЫХ И ПОЗИТИВНО-ПРАВОВЫХ ТЕОРЕТИЧЕСКИХ УСТАНОВОК

Abstract

The article examines the contradiction between theories of natural law and positive law. The author considers the main points in which these theories contradict each other, and also raises the question of the principle possibility of joint application of elements of natural-legal and positive-legal theories. The initial step in thinking about the problem is to consider the specifics of natural law theory. Its idealistic character is marked, and the connection between social ontology, anthropology, ethics and natural-legal theory is considered. The priority of natural law over the stability of the current social structure is highlighted, as one of the theoretical accents of natural law theory. There is limited natural-legal theory in understanding the private aspects of law. Further, the work analyzes the main theoretical aspects of positive-legal theory. Its subject area is being studied. Positive law theory is proven to have, in relation to natural law theory, an advantage in understanding the consequences for society associated with the introduction of specific legal rules. The applied aspect of positive-legal theory is disclosed, as well as the limits of its application are considered. The final part of the article is focused on the analysis of the relationship between the theories under consideration, based on the work of classics of philosophical-scientific thought. It is demonstrated that the interpretation, which believes a complete contradiction between theories of positive and natural law on the basis of the contradiction of their individual elements, is based on an outdated approach. The question is raised about the principle compatibility of certain elements of positive-legal and naturallegal theories. The possibility of their joint application in the course of solving complex legal issues is justified.