РУАЭСТ (RUAEST)
MORAL FOUNDATIONS AND NATURAL LAW
The author studies the origins and the evolution of the approaches towards understanding natural law, as well as its influence upon the contents of positive law. Based upon the analysis of various concepts of natural law, the author draws a conclusion that there is a set of objective principles of the human society allowing the most comfortable, dynamic and harmonious development of the society and its members. These principles represent the results of the optimum involvement of the sensual, rational and ethical elements in the relations between the individuals. All of them were and still are the sources of the formation of law. This is why the alloy of the most important matters has taken the shape of the system of legal principles. Based upon the above-stated positions, the author considers that the legal principles represent the objective natural law. Not only the state and the dynamics of the particular society’s law system but also the progress and the regress of the society depend on how well the legal principles are embodied in law, law enforcement and in people’s everyday legal activity. The author analyzes causes and stages of possible deficiencies in the implementation of the legal principles. Special attention is paid to the factors and manifestations of the departure from such principles in the modern society.