теории права и государства

The Analysis of Some Doctrines of Law in the Light of the Present

Introduction. The object of the research in the article is the question of essence of law in modern science. The author in the research is guided by the analysis of various political and legal doctrines of law and state, allocating natural and legal, historical, normativity, psychological, sociological, Marxist-Leninist, realistic schools of law. Theoretical analysis. Emergence of this or that school of law is proved by political, economic and cultural changes taking place during a particular historical period. The analysis of the main doctrines of law and state since antiquity to the present day is carried out in search of a universal approach to the understanding of law. Empirical analysis. An attempt of logical, system description of the main schools of law from the perspective of practical usefulness and theoretical integrity is made. From this point of view, the essence of law within finding of a common ground of absolute and positive law is investigated. The main conclusions of the research are criticism of pluralism of views of the essence of law which developed in science and justification of the uniform approach to the essence of law within modern standard understanding of law. Results. Within modern standard understanding of law, law is a set of obligatory, formal and certain rules of conduct (rules of law) authorized by the state and expressing class and universal character; it is one of the most democratically justified regulators of the public relations.