The Problem of Natural Rights Justification in the New Classical Natural Law Theories

The relevance of this study is due to the need to analyze foreign scientific literature in the field of philosophy of law, revealing trends in the evolution and development of natural law theories. Despite the significant number of publications on the theory of natural law its key theses and arguments are discussed by post-soviet scientists in isolation from modern discussions by foreign jurists. The subject of the research in the paper is the reconstruction and rational interpretation of the arguments of natural law theories forming the doctrine of the so-called New Classical Natural Law (NCNL) and presented in the works of John Finnis and Germain Grisez. The purpose of this study is an attempt to reveal the logical structure of the natural law argumentation, especially the answers to the Question «Why would it be rational for agents to respect other people’s natural rights?». The paper uses traditional methods typical of philosophical and legal research, including methods of logical and linguistic analysis, historical reconstruction and rational interpretation. The novelty of this paper is due to a new approach to the disclosure of arguments and the logical structure of the reasoning of proponents of the theory of natural law. Clarification of the nature, advantages and disadvantages of such an argument can become the main one for further philosophical and legal research.