Legal Encyclopedia. The letter P

PSYCHOLOGICAL THEORY OF LAW

The founder of the psychological school (founded in the beginning of XX c.) Is considered to be a Russian scientist Lev I. Petrazhitsky (1867-1931). His work "The Theory of law and state in connection with the theory of morality" presents its fullest. The Scandinavian (or Uppsala School) rights A. Ross, the French school microsociology right Gurvich and Reisner are among the followers of this theory. Psychological theory in the way of further legal research has had on contemporary American legal theory a significant impact. Pokrovsky (Russian lawyer) once noted in this regard that if the law of the XIX century. He criticized the fact that she was a "jurisprudence of concepts", the law in the beginning of XX century. close to becoming "yurisprudentsieychuvstv".

LIPetrazhitskogo psychological theory of law focused all attention on the psychological side of the formation

lawful behavior, bringing

psychological side even beyond the intellectual side. The specific nature of the right events from his point of view, not concentrated in the field of intelligence, and in the area of ​​emotional, impulsive, in the field of experience.

This right LIPetrazhitskogo considered and called intuitive (autonomous, not related to positive) and contrasted its positive law - the norms, decrees, injunctions addressed to persons subject to the law and legal relations.

In his opinion, intuitive, independent right to defined psychological

the ratio of positive to the right destination. That legal experiences have links that connect the society and giving it stability. LIPetrazhitskogo admitted and did not deny the existence of officially

the current positive law, but gave him very limited value. He did not explain why it exists and operates. The founder of the psychological theory singled out, that intuitive (autonomous) right is a purely psychological phenomenon, the phenomenon of the individual psyche, and not as a

objective reality. As believed LIPetrazhitskogo only individual legal consciousness, the subjective experience of the individual consciousness bilateral imperatively (duty) - the attribute (authority) connectivity will is real in the legal regulation. The right is (for Petrazhitsky) connection is mandatory, imperative (for others) and attribute (mandatory subject) claims, which is in the psychological sphere of the individual. All this distinguishes law from other social regulators.

In accordance with the theory LIPetrazhitskogo role of the state in relation to the right almost negligible. This means that legal rules can be created and in addition to the state, as a result of certain human emotions and feelings about the law. Criticizing the view of the law as the command of the state, the founder of the psychological theory stated that the actual law is not only what is outside the hands of the state, does not enjoy a positive official recognition and patronage, but also that the state meets directly hostile attitude, subjected to persecution and eradication of both the opposite and opposes itself to the law in the formal sense-state.

On the positive side in the AL theory Petrazhitsky is that it turns its attention to the psychological side of the right. It is closely related to the problem of the psychological mechanism of formation of lawful behavior. In a difficult chain of translation of legal regulations in the quality of the actual behavior of the legitimate feelings and experiences of the individual, his psychological impulses are the final link, which is in contact with a particular behavioral act defines it.

But the right is not able except through intellectual and psychological sphere

regulate human behavior.

Psychological theory of law, the right highlighting certain psychological aspects of the law, the right to dissolve the individual psyche, making it equal to the sense of justice, thereby ignoring the real objective nature of law as a complex phenomenon of social life, underestimating the law as a objectively emerging standards system.