Article title Natural Law in the Perspective of the Pure Theory of Law
Authors
Name of magazine Legal journal «Law of Ukraine» (Russian version)
Issue 4/2013
Сторінки [189-211]
Annotation In this article the author examines the question about a correlation between the pure theory of law and natural law doctrine. The author demonstrates that the idea of incompatibility of these two approaches to law belongs to Kelsen. But one cannot consider the borderlines between different philosophical ideas about law as impenetrable. The critical remarks of Kelsen against the natural law doctrine can be reduced to disagreement with political authoritarianism which the Austrian thinker tried to connect with this doctrine. At the same time, the objections formulated by Kelsen against the natural law doctrine remain, in author’s opinion, the most important and coherent contribution to examination of philosophical foundations of this doctrine.
Keywords pure theory of law, natural law, Hans Kelsen, syncretism, ontology of law, authoritarianism.
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