Abstract
This paper shows that the relation of philosophy and theory of law, you cannot imagine it, if we are talking about the syn- thesis of two equally formed, opposing areas of knowledge. This approach is a serious simplification of distorting the essence of their relationship. The primary philosophy in relation to any positive science about nature, man and society, as the primary the idea of creative science. Therefore, the occurrence of «the science of law in the field of philosophy can only be understood as the inevitable return to their theoretical origins». Philosophy and philosophical knowledge of the essence of law and the state are valid historical and genetic source forms of scientific knowledge of these institutions.
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