How did the state come about? What is its essence?What is right? Dozens of very different theories were born to answer these and many other questions. A wide range of doctrines is associated with the many views of scientists on this problem, as well as with the versatility of the phenomenon itself. The theological, patriarchal, organic, economic, contractual, psychological and others should be referred to the main theories explaining the birth of the state.
As for the concept of law, the hypothesis of hisappearance is inextricably linked with the concept of becoming a power. There are theological teachings, the theory of natural law, natural doctrine, normative theory and, of course, psychological. The scientist and philosopher Lev I. Petrazhitsky developed the latest doctrine. The psychological theory of state and law consists in the assumption that the state was formed during the division of society according to the manifestations of two individual characteristics: subordination and control.
Essence of the theory
Psychological theory of law. Representatives
The psychological theory of law has been formed over several periods:
1. From 1897 to 1900The author of the doctrine wrote his first scientific work. The work was accompanied by several applications. L. I. Petrazhitsky reflected the main points of his theory in the 1900 book Essays on the Philosophy of Law.
2. From 1900 to 1905.The scientist began to develop in detail the methodology of his future teachings. Painstaking work was reflected in the work “Introduction to the study of law and morality. Emotional psychology.
3. From 1905 to 1909. L.I.Petrazhitsky engaged in the device of a unified system of legal knowledge based on the previously developed methodology. His work was framed in a two-volume manuscript "The Theory of Law and the State in Connection with the Theory of Morality". The printing of the last book has become a real event in world literature.
The views of E. N. Trubetskoy and M. A. Reisner
Philosopher and Jurist E.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. The consciousness of some people is based on the understanding of dependence on the elite, the legality of certain variants of relationships and actions, which brings a sense of stability and tranquility to their souls. The second part of individuals is distinguished by the desire to subordinate others to their will. Such people become leaders in society.
The main provisions of the theory of law
- The doctrine 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 is made up of the experiences of groups and associations.
- Positive law is established by the state, the legislator, the existing regulations.
- Of all known psychological conditionshuman are the main emotions that encourage action. When building relationships with other people, the individual relies on intuitive law. This type is considered true by the authors of the theory, since it induces independent and volitional actions.
The rift between the two species causessocial shock. In this case, the right plays the role of one of the phenomena of the mental life of society, which is a mandatory, demanding experience of people.
Psychological theory of law. Criticism
Any theory has both supporters andopponents. This doctrine has been criticized for several reasons. So, talking about the role of psychological manifestations in the process of state formation, there was not given a detailed explanation about the place of the psyche in the formation of power. 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 psyche of the individual is divided into three areas: mental, emotional, volitional. On the basis of the latter, relationships are established, and a social pyramid is built, which underlies the formation of the state. People with strong willed qualities become leaders in society.
Virtues of learning
The psychological theory of law is closely related tothe personal mechanism of the formation of lawful behavior. When translating a number of legal prescriptions as the actual behavior of the experience, the psychological impulses of the individual will become the last link in direct contact with the specific behavior. Law can regulate behavior only through the mental-psychological sphere. Thus, the psychological theory of the origin of law takes into account the personal characteristics of people, the role of legal consciousness in the regulation of social relations.
Philosophical and methodological foundations
The author of the theory in covering the nature of law followedteaching positive philosophy. Taking the basics of this trend, L. I. Petrazhitsky added his original thoughts. The scientist supported the liberal idea of independence of law from the state, however, did not deny the value of cultural heritage. He sought to create a theory of power that could become the methodological basis for the legal consciousness of Russian society and professional jurisprudence.
Influence of emotions
Большую роль явлению как виду нормативных experiences leads in his teachings L. I. Petrazhitsky. The psychological theory of law distinguishes between two types of emotions: aesthetic and ethical. The former are often experienced as a reaction to human actions, to various phenomena occurring or about the properties of objects. The scientist believed that the variations of different ideas with these emotions give rise to the rules of decency, approved by society.
In addition to the duties that an individual performs,The philosopher also considered ethical norms. He also divided them into several types. The first is called "moral norms". They are mandatory unilaterally, affirming duties independent of others, prescribing known behavior to a person. Examples of such norms are the rules of Christian ethics, which describe obligations towards neighbors without claims to perform on their part. The second type includes mandatory, demanding norms that establish roles for some members of society, demanding their fulfillment from and from others. That which is the responsibility of some is due to others as something due attached to them.