Естественно-правовые и позитивно-правовые установки как элемент правосознания

Abstract

The problem of the relationship between the theories of natural and positive law is considered mainly in the framework of the analysis of the contradiction between them. This is facilitated by the fact that the discussion between supporters of natural law and positive law theory is incomplete. However, these paradigms are not only of important theoretical and methodological importance. They are, above all, a way of thinking about law. And it is of great importance that certain elements of positive legal and natural legal theories become public knowledge and influence the legal consciousness. In this context, it is found advisable to study the influence on the legal consciousness of elements of positive legal and natural legal theories. The methodological foundations of the work include analysis, comparison, abstraction, institutional and socio-phenomenological approaches. Within the framework of the study, the main aspects of natural-legal and positive-legal theories are identified. It is justified that the natural legal framework in the consideration of law is characterized by selective adoption of the rules of law and, at the same time, their value justification. In turn, a positivist approach to the consideration of law contributes to the adoption of a system of legal norms as a whole, but is characterized by a significant formalism.