does not create a right - a fundamental principle of the theory [7, p. 133]. for all its democracy theory of natural law has significant flaws that are easily found her opponents. , This theory is anti-historical. It contains a list of rights that had always belonged to humanity and invariably accompany it in our time and nothing they can not cancel or change. A similar principle was nominated Grotius, which is recognized as inviolable natural right that it can not be changed even by God. , Representatives of the theory of natural rights have no clear criteria by which we could somehow distinguish natural law from positive. Yes, Grotius recognized natural slavery. As a form of government that is most consistent with the principles of natural law, Hobbes recognized the absolute monarchy, while Locke - limited monarchy. , The theory of natural law could not explain how on the basis of a relatively small set of natural rights grows a variety of legal systems [11, 83-84]. Scholasticism - the latest interpretation of the medieval doctrine of Thomas Aquinas. Divine law aims to eliminate the imperfections of human and positive law, if it differs from the natural law. Proponents of neo-Thomism emphasize the predominance of natural law over human, positive, that is set by the state. p align="justify"> "Secular" doctrine of natural law comes from ethical primordial law of necessity under legal statutes moral requirements of natural law, based on the standards of fair behavior. For this theory characteristic is recognized as the foundation of "correct", "legitimate" rights of some natural regulatory system that does not coincide with the positive law [6, p. 124]. values ​​of natural law theory as follows: Firstly, it argues the idea of ​​natural, inalienable rights, and secondly, because this theory began to distinguish between right and law, natural and positive law, and thirdly, it conceptually combines the right and morality. types of rights recognized by representatives of the psychological theory of law, the founder of which was a Russian lawyer LI Petrazhitsky. right is treated primarily as a psychological activity of individual human rights, "imperative-attributive 'emotions, feelings evaluation experiences. Emotions are divided into: a) experience positive law established by the state, and b) the experience intuitive and personal rights. Man feels himself bound by the claims of others who expect from it perform certain obligations. Such psychological experiences define specific acts of human behavior and act it really, really right [1, c.3]. society, there is also an official right established by the state in the form of laws and other legal acts. Laws can affect the intuitive human right, the processes of formation of her will. Yet they do not always dominate the decisions that individuals make. The latter may take into account other social norms and act contrary to the installation of the official law. Theref...
