ON THE UNDERSTANDING OF LAW – AN OUTLINE OF THE PROBLEM

Abstract

The article discusses the issue of understanding law. The discussion mainlyfocuses on two opposite approaches, i.e. the natural law theory and legal positivism, which involve the fundamental dispute over the essence of law. They are mainly presented in their basic, typical aspects. The author emphasises that the basic thesis of legal positivism on the separation of law and morality is unacceptable, as it may result in law degrading, degenerating and transforming into statutory lawlessness, the examples of which are the totalitarianisms of the 20th century. The author also stresses the continued validity of the natural law thought, a manifestation of which may be the fact that the international community, in the Universal Declaration of Human Rights adopted in 1948, recognises the existence of inherent and inalienable human rights stemming from the inherent dignity of a human being, which the State has to respect and is obliged to protect.