Московского государственного юридического университета им. О.Е. Кутафина ФИЛОСОФИЯ ДЕЛЕНИЯ ПРАВА НА ЧАСТНОЕ И ПУБЛИЧНОЕ

Abstract

The article highlights theoretical approaches to understanding the essence of law through its division into private and public. In this aspect, debatable questions on a given topic are considered, and one's own vision of the essence of the differentiation of law is suggested. According to the authors of this article, in modern theoretical exercises there is a sufficient number of archaic foundations that prevent science from growing and developing. In this sense, the question of dividing the right to private and public only strengthens the divisions within a narrow circle of "scientific giants," which in turn raises a number of questions among practicing lawyers regarding the possibility of applying this knowledge in the course of their professional activities. But is it really necessary that these are not leading to controversy and disagreement? The law is first of all art of good and justice, and the lack of clear certainty in the essence of legal doctrines gives rise to doubt about its very purpose. That is why the authors of this article set themselves the goal to determine the rationality and appropriateness of differentiation theories of law, thereby trying to, to the extent possible, to help the entire practical bulwark of modern jurisprudence to get out of the intricate forest of theoretical discord and finally to understand how the data knowledge can be applied and do they need modern practical jurisprudence.