Ramenskoe, Moscow, Russian Federation
Introduction. The article reveals issues related both to the analysis of conceptual models of the relationship between morality and law, and to the author's approach outlined in the framework of the natural-positive theory of law by the modern Russian jurist Vladimir Moiseevich Shafirov. Based on the analysis of V.M. Shafirov's approach to the historical evolution of law, various variations of the ratio of morality and law depending on the ratio of natural law and positive law are shown. At the same time, theses are formulated that allow us to rethink the provisions of the naturally positive theory of law on the basis of an alternative reading of the provisions of the theory under study. Materials and Methods. The research materials were primary sources in the form of the works of V.M. Shafirov himself, as well as scientific works that allow analyzing conceptual models of the relationship between morality and law. In the course of the study, a dialectical method was applied, an analysis of doctrinal philosophical and legal sources on the problem of the relationship between morality and law was carried out, methods of generalization and grouping of data were used, as well as a comparative legal, historical and legal method. The results of the study made it possible to reveal the process of changing and developing doctrinal approaches to the relationship between morality and law, to identify the author's understanding of this issue by V.M. Shafirov in the context of the evolution of law and to formulate an alternative reading of the theses of the naturally positive theory of law in order to overcome its theoretical and practical controversial points. Findings and Conclusions. The analysis made it possible to clarify the nature of natural law within the primitive community, to update the understanding of the phenomenon of positive natural law in the context of the formation of the state, as well as to assess the theoretical and practical significance of the phenomenon of natural positive law.
morality, law, customary law, natural law, positive law, positive natural law, natural positive law.
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