THE TRANSFORMATION OF THE THEORY OF NATURAL LAW IN THE LEGAL TEACHINGS OF MODERN TIMES AND CURRENT LEGISLATION
https://doi.org /10.59982/18294359-24.2-ba-09
Abstract
This article is a comprehensive, logically coherent and systematic study of the formation and development of the theory of natural law in the history of legal thought: An integrated approach to the problems under consideration makes it possible for the first time in the field of theoretical legal research to include certain topical issues united by the theory of natural law, to identify their historical and logical foundations, to identify the interaction of ideas from various legal schools of natural law: For the first time in Russian jurisprudence, the author explores the peculiarities of the manifestation of the doctrine of natural law in the context of the system of European classical philosophy of law, the evolution of its further development: Based on the results of a comprehensive analysis, the author of the dissertation has developed theoretical ideas about the place and role of the most important natural law concepts in the system of legal categories. Based on an in-depth study of the works of the world classics of philosophy of law, the author has developed a unique concept of the emergence, formation and development of the theory of natural law, based on the understanding of the renewal of philosophical and legal paradigms and the corresponding change in the priorities of scientific analysis of legal categories: In addition to the above, the work analyzed in detail the role and importance of the theory of natural law in improving positive law (current legislation and law enforcement practice), as well as the transformation of the foundations of natural law in the system of national law.
Keywords: Philosophy of law, positive law, value of law, concept of natural law, human nature, human rights.
PAGES: 108-123