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POVAHA PRÁVA V TEÓRII A PRAXI

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Rangl J.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2020
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vol. 103
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issue 4
297 – 310
EN
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.
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