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Povaha práva v teórii a praxi
Nature of law in theory
and practice
Mgr. Jakub Rangl,
Faculty of Law of University of Pavol Jozef Šafárik in Košice
Právny obzor, Volume 103, 2020,
No. 4,
pp. 297 – 310.
Published online: 31.8.2021
Abstract. Nature of law
is about elements, which law necessarily comprises. Legal positivism and
non-positivism are conceptions about the nature of law. Due to the fact, that
many constitutions have their sources in natural law conceptions, it’s not
correct to think, that some conception of natural law has direct effect on the
interpretation and the application of positive law. Connection between some
conception of nature of law and legal practice is best described by correlation
thesis, according to which these conceptions may at best have some influence on
the interpretation of law in some cases, but its impact is usually not automatic
and direct, if any. Opinions about the nature of law form part of
pre-understanding of a judge and it’s the study of legal philosophy, which can
help to make implicit presumptions explicit and subjected to critical reflection.
Key words: nature of law,
legal positivism, natural law, non-positivism, justice
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ISSN 2729-9228
(online)
ISSN 0032-6984
(print)
THEORETICAL REVIEW FOR ISSUES OF STATE AND LAW.
Právny obzor is peer-reviewed journal and is indexed in SCOPUS and HeinOnline database (INDEX TO FOREIGN LEGAL PERIODICALS).
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