POSITIVE-LEGAL SYSTEM AS LEGAL THINKING: THE LETTER OF THE LAW
https://doi.org /10.59982/18294359-23.14.2-vt-07
Abstract
Reflections on the concept and essence of law have always occupied the inquisitive minds of scientists. Various approaches have been woven around the law; many doctrines and concepts have been developed, which, on the one hand, tried to reveal the content of this phenomenon and, on the other hand, contributed to the accumulation of different points of view. From ancient times to the present day, law has been reduced to the order of the state, to the definition of intelligence and creativity, to the socio-psychological characteristics of a person, and so on. Across time and space, law has been identified with the universal ideas of freedom, justice, and equality, as well as with violence and coercion.
From the positions of this approach, law is filtered from its value meaning and its philosophical context and reduced to the decree of the state power, its indisputable command. Law is equated with law, whether that law is just, moral, rational, or not.
In this article, in the context of legal and political teachings, we will try to redefine one of the key questions of the theory of law: the essence of the positive-legal concept as a unique legal thinking and legal perception. The danger of this is that any arbitrariness and legal fixation of various group ambitions can be considered a right.
Keywords: positive-legal thinking, natural-legal thinking, positivism, legalism, legal-political thought, legal perception.
PAGES : 73-80