THE DUALISM OF NATURAL AND POSITIVE LAW: THE ANCIENT AND MEDIEVAL PERIOD
Authors:
1.
Krymskiy yuridicheskiy institut (filial) Universiteta prokuratury Rossiyskoy Federacii
2.
Krymskiy yuridicheskiy institut (filial) Universiteta prokuratury Rossiyskoy Federacii
Type:
Article
Pages:
from 3
to 9
Status:
Published
Received:
22.12.2022
Accepted:
20.02.2023
Published:
20.02.2023
Subject area:
340
Language:
Russian
Keywords:
dualism, natural law, positive law, antiquity, the Middle Ages, justice, law, evolution, morality, morality.
Abstract (English):
The article deals with the dualism of ideas of natural and positive law. The authors believe that the dualism of natural and positive law has existed since ancient times, although it manifested itself in different historical forms. The evolution of these forms is considered during the period of antiquity and the Middle Ages. The goal of any legal system is optimal coordination, the combination of the principles of natural and the norms of positive law, the content of subjective law and the normativity of objective law. this will avoid legal conflicts or minimize their number. The problem is how to carry out the theoretical and practical synthesis of the goals (intentions) of natural and positive law in a single legal system. The analysis of the sources of ancient and medieval scientific thought in this vein is carried out.
The article deals with the dualism of ideas of natural and positive law. The authors believe that the dualism of natural and positive law has existed since ancient times, although it manifested itself in different historical forms. The evolution of these forms is considered during the period of antiquity and the Middle Ages. The goal of any legal system is optimal coordination, the combination of the principles of natural and the norms of positive law, the content of subjective law and the normativity of objective law. this will avoid legal conflicts or minimize their number. The problem is how to carry out the theoretical and practical synthesis of the goals (intentions) of natural and positive law in a single legal system. The analysis of the sources of ancient and medieval scientific thought in this vein is carried out.
Keywords:
dualism, natural law, positive law, antiquity, the Middle Ages, justice, law, evolution, morality, morality.
dualism, natural law, positive law, antiquity, the Middle Ages, justice, law, evolution, morality, morality.
1. Aristotel. Bolshaya etika. 1195a // Soch. v chetyrekh tomakh. T. 4. M. - 1983
2. Mark Tulliy Tsitseron. Filosofskiye traktaty. - M. - Nauka. 1985. - 382 s.
3. Tsypin V.A. Tserkovnoye pravo / V.A. Tsypin. - 2-e izd.. M.: Izd-vo MFTI. 1996. - 442 s.
4. O Grade Bozhiyem. - Mn.: Kharvest. M: AST. 2000. - IV. 4. - 1296 s.
5. Babichev N.T.. Borovskiy Ya.M. Slovar latinskikh krylatykh slov / N.T. Babichev. Ya.M. Borovskiy. - M. - 1982. - 958 s.
6. Foma Akvinskiy. Sochineniya. - M.: Editorial URSS. 2004. - 264 s.
