Natural law in religious doctrines of the 20th century
Анотація
The article examines the historical path of formation of the concept of natural human rights. Special attention is paid to the influence of religious sources of formation of this category. The author examines the problem through the prism of Christian sources and their interpretation.
Natural law views are considered in the context of theological doctrines in historical retrospect and modernity. With the help of the analysis, the events, material and ideological prerequisites of the Christian understanding of natural law are studied, the interpretations of natural law of the early and late Middle Ages are considered, and modern ideas of "revived" natural law are studied. The relationship between legal and religious regulations topic multidimensional. The connection between law and moral precepts, and through them with religious norms is noted by many scientists.
The article presents scientific and metaphysical arguments in favor of the theological natural-law legal understanding. Law, like any social phenomenon, undergoes a long process of evolution and transformation, which has not been completed to this day. And continuity is natural for this process. It can be said that law, like other sciences, should follow the path of identifying existing patterns, the essence of events and phenomena. Legal relations must be discovered, not invented. And this will allow to avoid mistakes and negative consequences of the implementation of legal norms. We will dwell only on the Christian tradition of the 20th century, which in no case does not speak about the lack of influence of other denominations on legal norms.
The article is based on modern methodological attitudes that determine the need to include the subject and subjectivity in the process of cognition, the "principle of trust in the knowing subject", epistemological relativism, the principle of "historicism". A comparative analysis of natural and legal views is carried out
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Авторське право (c) 2023 K. M. Khvoinytska-Pereima

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