Psychological theory of law. Psychological theory of the origin of law

How did the state arise? What is its essence? What is right? To answer these and many other questions, dozens of various theories were born. A wide range of doctrines is associated with a multitude of views of scientists on this issue, as well as the multifaceted nature of the phenomenon itself. To the basic theories explaining the origin of the state, it is necessary to attribute the theological, patriarchal, organic, economic, contractual, psychological and others.

With regard to the concept of law, the hypothesis of its emergence is inseparably linked with the concept of the emergence of the state. There are theological teaching, the theory of natural law, natural law doctrine, normative theory and, of course, psychological. Scientist and philosopher Leo Iosifovich Petrazhitsky developed the last doctrine. The psychological theory of the state and law is based on the assumption that the state was formed during the division of society according to the manifestations of two individual characteristics: subordination and control.

The essence of the theory

The individual has a psychological need to exist within the community, he has a sense of collective interaction. Adherents of this opinion consider humanity and the state the result of personal interactions of people and the various unions that they created. Society and the metropolis are the consequence of the realization of the natural needs of the individual in a particular organization.

Psychological theory of law. Representatives of

In the early twentieth century, the Russian scientist LI Petrazhitsky developed a doctrine of the origin of the state. In hard copy, she is told in the work "Theory of Law and State in Connection with the Theory of Morality." Followers of the teachings are A. Ross, M. Reisner, G. Gurvich. The author of the psychological theory of law was born in 1867 in a noble Polish family. LI Petrazhitsky graduated from the University in Kiev and later studied at the Roman Seminary in Germany. After training, he returned to Russia, where he began to study the general theory of law. In the early twentieth century, the scientist published two printed works, in which he synthesized psychology with the theory of power.

The psychological theory of law was formed during several periods:

1. From 1897 to 1900. The author of the doctrine wrote his first scientific work. Work was accompanied by several applications. The main provisions of his theory LI Petrazhitsky reflected in the book of 1900 "Essays on the Philosophy of Law."

2. From 1900 to 1905 year. The scientist began to develop in detail the methodology of his future teaching. Hard work was reflected in the work "Introduction to the study of law and morality. Emotional psychology. "

3. From 1905 to 1909 year. LI Petrazhitsky engaged in the organization of a unified system of legal knowledge based on the previously developed methodology. His work was framed in a two-volume manuscript entitled The Theory of Law and State in Connection with the Theory of Morality. The seal of the last book was a real event in the world literature.

The views of EN Trubetskoi and MA Reisner

The philosopher and jurist N. N. Trubetskoy points out that solidarity is the main feature of the individual. People differ from each other in their psychological characteristics and in their physical strength. At the heart of the consciousness of some people is the understanding of dependence on the elite, the legitimacy of certain variants of attitudes and actions, which brings to their soul a sense of stability and comfort. The second part of individuals is distinguished by the desire to subordinate others to their will. Such people become leaders in society.

The socio-psychological approach to resolving the question of the origin of the state was discovered by MA Reisner. In his opinion, the main moment in the formation of the empire is the ideology that organizes life in society. The philosopher believed that the main source of state beliefs is the mass psyche of people. The study of the formation of the country is limited to the knowledge of the psychological experiences that constituted a political ideology, and the analysis of people's behavior. The state, as the scientist believed, included the population, territory and power. It embodied the entire political ideology, namely the influence of race, terror, economic necessity and religion, headed by the ideology of law. The state is a product of realization by the population of belief, norms and principles in which their dependence on various kinds of the power consists.

The main provisions of the theory of law

The psychological theory of law L. Petrazhitsky contains the following points:

1. The teaching includes positive law and intuitive. The first officially operates in the state, when the second lies at the basis of the psyche of people and consists of the experiences of groups and associations.
2. A positive law is the existing normative acts established by the state, by the legislator.
3. Of all the known psychological states of a person, the most important are emotions that encourage action. When building relationships with other people, the individual relies on intuitive law. This type of authors of the theory is considered true, as it encourages independent and volitional actions.

The discord between the two kinds causes social upheaval. In this case, law plays the role of one of the phenomena of the mental life of society, which is an obligatory, demanding experience of people.

Psychological theory of law. Criticism

Any theory has both supporters and opponents. This teaching has been criticized for several reasons. Thus, while talking about the role of psychological manifestations in the process of state formation, there was not given a detailed explanation of the place of the psyche in the formation of the state. All qualities were considered the same and were called emotions or impulses. The psychological theory of law does not take into account the knowledge that the individual's psyche is divided into three spheres: mental, emotional, strong-willed. On the basis of the latter, relationships are established, and a social pyramid is built that underlies the formation of the state. People with strong-willed qualities become leaders in society.

The psychological theory of the emergence of law includes the desire for solidarity of individuals. But in reality this opinion is groundless. There are enough cases of complete absence of people's care about loved ones. The authors of the theory attach primary importance to the formation of the state psychological factors, not enough considering other circumstances.

Advantages of Learning

The psychological theory of law is closely connected with the personal mechanism of the formation of lawful behavior. When translating a number of legal prescriptions into the quality of the actual behavior of an experience, the individual's psychological impulses become the last link directly in contact with a particular behavior. Law can regulate behavior only through the mental and psychological sphere. Thus, the psychological theory of the origin of law takes into account the personal characteristics of people, the role of legal awareness in the regulation of social relations.

Philosophical and methodological basis

The author of the theory in the illumination of the nature of law followed the teaching of positive philosophy. Taking the basics of this current, LI Petrazhitsky added his original thoughts. The scientist supported the liberal idea of the independence of law from the state, but did not deny the importance of cultural heritage. He sought to create a theory of power that could become a methodological basis for the legal consciousness of Russian society and professional jurisprudence.

The influence of emotions

LI Petrazhitsky assigns an important role to the phenomenon as a kind of normative experience. The psychological theory of law distinguishes between two types of emotions: aesthetic and ethical. The former are experienced often as a reaction to human actions, to various events occurring or about the properties of objects. The scientist believed that in the variations of different representations with these emotions, the rules of decency, approved by society, begin.

Ethical emotions, such as a sense of duty, duties, control the behavior of the individual. They have such properties as authoritarianism, a manifestation of conscience, an obstacle to free choice and pressure towards "right" behavior. LI Petrazhitsky identifies two types of duties - moral, legal. The former are free in relation to others. Legal - the kind of duties that are considered to be assigned to others.

Ethical standards

In addition to the duties that the individual performs, the philosopher took into consideration ethical norms. He also divided them into several types. The first is called "moral standards." They are obligatory unilaterally, assert independent in relation to other duties, prescribe to the person a certain behavior. Examples of such norms are the rules of Christian ethics, which describe duties towards neighbors without claims of fulfillment on their part. The second type includes mandatory, pretentious norms that establish roles for some members of society, demanding their fulfillment from others. What is the responsibility of some, is relied upon by others as something due, fixed for them.

Conclusion

The organizational structure of the state appeared at a specific stage in the development of society. The causes of this system are various factors, such as biological, economic, religious, and psychological, national. Theories explaining the formation of the state are many, each reveals one of the possible aspects of the process. But all of them can not claim full certainty. It must be taken into account that the psychological and mental qualities of people are formed due to the action of political, military, economic, social, spiritual and religious factors.