自然法理论与实证法理论的矛盾:理论与实践

L. Karnaushenko
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引用次数: 0

摘要

自然法理论与实证法理论之间的矛盾由来已久。在大多数关于自然法理论与实证法理论之间关系的研究中,它们之间的不相容性并没有受到质疑。然而,在实践中,两种理论都影响着法律领域,这体现了科学理论形成的意义,揭示了自然法学与实证法学相结合的问题。在这项工作的框架内,已经采取了一种方法来考虑自然法和成文法理论之间关系的理论和实践方面的差异。在研究过程中,运用了分析、综合、比较、抽象、概括等方法,并借鉴了历史科学哲学学派代表人物的理论成果。研究结果发现,自然法理论和实在法理论之间的原始矛盾决定了它们在两个法律研究领域的分配,这两个领域在主题和方法方面有所不同。这种差异决定了两种理论之间从矛盾过渡到它们涵盖法律的不同方面,从而使自然法学和实证法学的要素在实践领域相互补充成为可能。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Contradiction between natural-legal and positive-legal theories: theoretical and practical aspects
The contradiction between the theory of natural law and the theory of positive law has a long history. In most studies on the relationship between natural-legal and positive-legal theories, their incompatibility is not called into question. However, in practice, both theories influence the legal sphere, which actualizes the significance of the formation of scientific theory, which reveals the question of combining elements of natural-legal and positive-legal theories. Within the framework of this work, an approach has been taken to consider the difference between the theoretical and practical aspects of the relationship between theories of natural law and positive law. During the study, methods of analysis, synthesis, comparison, abstraction and generalization are used, as well as theoretical achievements of representatives of the historical school of philosophy of science are used. As a result of the study, it was found that the original contradiction between the theories of natural and positive law de-termined their allocation in two areas of legal research, which differ in subject and methodological terms. This discrepancy defined the transition from contradiction between the two theories to their coverage of different aspects of law, which made possible the mutual addition of elements of natural and positive legal theories in the practical sphere.
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