natural law

Introduction. The article is devoted to the scientific legacy of the outstanding scientist and politician Sergei Sergeevich Alekseev in the development of the philosophical foundations of the theory of law. His scientific work is a notable phenomenon in the legal life of the country. The founder of the Ural scientific school in the theory of state and law, corresponding member of the USSR Academy of Sciences, head of the Institute of Philosophy and Law of the Ural Branch of the USSR Academy of Sciences, S. S.

Introduction. In modern scientific research, the thought experiment remains relevant in both natural and social sciences. Its use in theoretical legal science is particularly significant, as it compensates for the impossibility of practical verification of hypotheses by real experiment. One of the most striking examples of the application of the thought experiment is Lon Fuller’s “The Case of the Speluncean Explorers”, published in 1949.

Introduction. The communicative theory of law put forward in the first years of the XXI century by A. V. Polyakov received further development in the next decade due to the substantiation of the metatheoretical foundation of this theory in the doctrine of legal recognition as the transcendental basis of law. The idea of objectifi cation of law through recognition proposed by A. V. Polyakov becomes the basis of a new humanistic understanding of law, which asserts the key character of trust in legal genesis. Theoretical analysis.

Introduction. The triumph of liberal democracy in developed countries did not reduce the protest activity of citizens, revolutions and uprisings are still a phenomenon of modern time. The issue of the essence and mechanism of exercising the right of resistance (right of rebellion, right of revolution, iusresistendi) is becoming relevant, which also requires a historical analysis of Eastern political, legal and religious thought.

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.