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Natural Type of Law Understanding as Jurisprudence Activity Based Theory Basis
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The article is devoted to the the natural law school certain provisions coverage indicating its connection with the activity based approach in jurisprudence and is the basis for the legal phenomena and processes epistemology by means of activity based theory. Attention is paid to the importance of researching the “compatibility” of law understanding various types, aspects of their interaction and possible conflicts. The undeveloped theory of activity as a jurisprudence component is indicated as a factor of insufficient research of the problems. The aim of the article is to cover possible aspects of interconnection between the activity based theory as a jurisprudence component and the school of natural law.
The methodological provisions determining the content of the study were as follows: the term “natural understanding of law” (natural type of law understanding; natural school of law) –it is not a single holistic theory, but a number of concepts related to the essential perception of law not as a prescriptive text, reflecting the will of public authorities, but as such a public relations regulator that meets the requirements of justice; is based on human rights, has a close connection with morality; activity based theory is considered as a system of knowledge that allows to interpret legal phenomena and processes based on the relationship of law and human activity, which, on the one hand, is a factor in the formation and development of law, and, on the other hand, law is a means of regulating human activity (jurisprudence activity based theory can be a means of interpreting legal phenomena as dynamic phenomena). The social nature of law stipulates the variability of lawthat should correspond to the relations governed by legal norms. Jurisprudence activity based theory allows to find out the origin, and functioning of legal phenomena and trends in their development.
Some provisions of the doctrines of law of such thinkers as I. Kant, B. Leoni, L. Fuller, R. Alexi, and R. Dworkin are described.
It is concluded that the described concepts of law of different lawyers, reflecting the axiological, essential characteristics of the natural type of law understanding (it is about the moral aspect of law, the impossibility of immoral law existance, human dignity as the basis of law, etc.). Lawyers’ activity, the activity of judges, particularly,is indicated as the means of “formalization” of law. Legal activity is a factor in the acquisition of the “official” nature by law. The characteristics given above indicate the possible aspect of using the activity based theory provisions as a jurisprudence component, by which the legal activity is.
Title: Natural Type of Law Understanding as Jurisprudence Activity Based Theory Basis
Description:
The article is devoted to the the natural law school certain provisions coverage indicating its connection with the activity based approach in jurisprudence and is the basis for the legal phenomena and processes epistemology by means of activity based theory.
Attention is paid to the importance of researching the “compatibility” of law understanding various types, aspects of their interaction and possible conflicts.
The undeveloped theory of activity as a jurisprudence component is indicated as a factor of insufficient research of the problems.
The aim of the article is to cover possible aspects of interconnection between the activity based theory as a jurisprudence component and the school of natural law.
The methodological provisions determining the content of the study were as follows: the term “natural understanding of law” (natural type of law understanding; natural school of law) –it is not a single holistic theory, but a number of concepts related to the essential perception of law not as a prescriptive text, reflecting the will of public authorities, but as such a public relations regulator that meets the requirements of justice; is based on human rights, has a close connection with morality; activity based theory is considered as a system of knowledge that allows to interpret legal phenomena and processes based on the relationship of law and human activity, which, on the one hand, is a factor in the formation and development of law, and, on the other hand, law is a means of regulating human activity (jurisprudence activity based theory can be a means of interpreting legal phenomena as dynamic phenomena).
The social nature of law stipulates the variability of lawthat should correspond to the relations governed by legal norms.
Jurisprudence activity based theory allows to find out the origin, and functioning of legal phenomena and trends in their development.
Some provisions of the doctrines of law of such thinkers as I.
Kant, B.
Leoni, L.
Fuller, R.
Alexi, and R.
Dworkin are described.
It is concluded that the described concepts of law of different lawyers, reflecting the axiological, essential characteristics of the natural type of law understanding (it is about the moral aspect of law, the impossibility of immoral law existance, human dignity as the basis of law, etc.
).
Lawyers’ activity, the activity of judges, particularly,is indicated as the means of “formalization” of law.
Legal activity is a factor in the acquisition of the “official” nature by law.
The characteristics given above indicate the possible aspect of using the activity based theory provisions as a jurisprudence component, by which the legal activity is.
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