{"title":"自然法和成文法的二元论:古代和中世纪时期","authors":"G. Abasov, N. Mamchenko","doi":"10.29039/2413-1733-2021-7-4-3-9","DOIUrl":null,"url":null,"abstract":"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.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"6 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2023-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"THE DUALISM OF NATURAL AND POSITIVE LAW: THE ANCIENT AND MEDIEVAL PERIOD\",\"authors\":\"G. Abasov, N. Mamchenko\",\"doi\":\"10.29039/2413-1733-2021-7-4-3-9\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"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.\",\"PeriodicalId\":275116,\"journal\":{\"name\":\"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science\",\"volume\":\"6 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2023-02-20\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.29039/2413-1733-2021-7-4-3-9\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.29039/2413-1733-2021-7-4-3-9","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
THE DUALISM OF NATURAL AND POSITIVE LAW: THE ANCIENT AND MEDIEVAL PERIOD
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.