Izvestiya of Saratov University.
ISSN 1994-2540 (Print)
ISSN 2542-1956 (Online)


positive law

Jus Naturale and Roman Law: Issues of Correlation

Introduction. The issue of the relationship of jus naturalle, that is, as Samuel Pufendorf rightly claims, the same age as the human race and was formed within the framework of ancient Greek law, and Roman law, which is considered the pinnacle of ancient law, is the object of the study in the present article. Currently, many philosophers, lawyers, who try to understand this problem, agree that jus naturalle had a direct and significant impact on the content of Roman law. Purpose.

The nature of Ius resistendi in the context of legal schools and theories

Introduction.Many researchers considerius resistendi as the right to violent uprising, while nowadays this right plays the role of a legal institution that restrains public authorities from abuses and encroachments on other human and civil rights. Ius resistendi is rooted in classical iusnaturalism, but is comprehended by means of modern natural law, legal positivism and sociological science, including the theory of confl ict, which makes it possible to analyze the nature of the right of resistance more comprehensively. Theoretical analysis.