How did the state come about? What is its essence? What is a right? Dozens of different theories have been 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 main theories explaining the origin of the state include theological, patriarchal, organic, economic, contractual, psychological and others.
As for the concept of law, the hypotheses about its origin are inextricably linked with the concept of the formation of a power. There is a theological doctrine, a theory of natural law, a natural law doctrine, a normative theory, and, of course, a psychological one. The scientist and philosopher Lev Iosifovich Petrazhitsky developed the latest doctrine. The psychological theory of state and law lies in 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 to be the result of personal interactions between people and the various unions they have created. Society and the metropolis are a consequence of the realization of the natural needs of the individual in a certain organization.
Psychological theory of law. Representatives
At the beginning of the 20th century, the Russian scientist L. I. Petrazhitsky developed a doctrine of the origin of the state. In printed form, it is described in the work "The Theory of Law and the State in Connection with the Theory of Morality." The 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. L. I. Petrazhitsky graduated from the University in Kyiv and then studied at the Roman Seminary in Germany. After training, he returned to Russia, where he began to study the general theory of law. At the beginning of the 20th century, the scientist published two printed works in which he synthesized psychology with the theory of power.
Psychological theory of law was formed over several periods:
1. From 1897 to 1900. The author of the doctrine wrote his first scientific work. The work was accompanied by several applications. L. I. Petrazhitsky reflected the main provisions 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 teaching. The 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 set about building a unified system of legal knowledge based on a previously developed methodology. His work was framed in a two-volume manuscript The Theory of Law and State in Connection with the Theory of Morality. The printing of the latest book has become a real event in world literature.
Views of E. N. Trubetskoy and M. A. Reisner
Philosopher and jurist E. N. Trubetskoy points out that solidarity is the main feature of an 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 an understanding of dependence on the elite, the legitimacy of certain options for relationships and actions, which brings a sense of stability and peace to their souls. The second part of individuals is distinguished by the desire to subordinate those around them to their will. Such people become leaders in society.
The socio-psychological approach to solving the problem of the emergence of a state was discovered by M. A. Reisner. In his opinion, the main point 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 mental experiences that constituted the political ideology, and the analysis of people's behavior. The state, as the scientist believed, included the population, territory and power. It embodied all political ideology, namely the influence of race, terror, economic necessity and religion at the head.with the ideology of law. The state is the product of the implementation by the population of beliefs, norms and principles, in which their dependence on various types of power lies.
Basic provisions of the theory of law
The psychological theory of law by L. Petrazhitsky contains the following points:
- Teaching includes positive law and intuitive. The first officially operates in the state when the second underlies the psyche of people and is made up of the experiences of groups and associations.
- Positive law is the current regulations established by the state, the legislator.
- Of all the known psychological states of a person, the main ones are emotions that prompt action. When building relationships with other people, the individual relies on intuitive law. This type is considered true by the authors of the theory, as it encourages independent and volitional actions.
Discord between two species causes social upheaval. In this case, law 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 and opponents. This doctrine has been criticized for several reasons. So, talking about the role of psychological manifestations in the process of state formation, no detailed explanation was given about the place of the psyche in the formation of a state. All qualities were considered the same and were called emotions orimpulses. The psychological theory of law does not take into account the knowledge that the individual's psyche is divided into three spheres: 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 wills 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. Enough cases of complete lack of care of people about relatives are given. The authors of the theory attach the main importance in the formation of the state to psychological factors, insufficiently considering other circumstances.
Virtues of the doctrine
Psychological theory of law is closely connected with the personal mechanism of formation of lawful behavior. When translating a number of legal prescriptions into the quality of the actual behavior of experience, the psychological impulses of the individual will become the last link that directly comes into contact with 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 followed the teachings of positive philosophy. Taking the basics of this trend, L. I. Petrazhitsky added his original thoughts. Scientist supportedliberal idea of the independence of law from the state, however, did not deny the importance of cultural heritage. He sought to create a theory of power that could become the methodological basis of the legal consciousness of Russian society and professional jurisprudence.
Influence of emotions
L. I. Petrazhitsky assigns a great role to the phenomenon as a type of normative experiences in his teaching. 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 occurring phenomena, or to the properties of objects. The scientist believed that the rules of decency approved by society originate from variations of different ideas with these emotions.
Ethical emotions, such as a sense of duty, duties, govern the behavior of the individual. They are characterized by such properties as authoritarianism, a manifestation of conscience, an obstacle to free choice and pressure towards “correct” behavior. L. I. Petrazhitsky identifies two types of duties - moral, legal. The former are free in relation to the others. Legal - the type of duties that are considered assigned to others.
Ethics
In addition to the duties that an individual performs, the philosopher also took into account ethical norms. He also divided them into several types. The first is called "moral standards". They are unilaterally obligatory, affirm duties independent of others, prescribe to a personknown behaviour. 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, demanding norms that establish roles for some members of society, requiring them to be fulfilled by others. What is the duty of some is assumed by others as something due, assigned to them.
Conclusion
The organizational structure of the state appeared at a specific stage in the development of society. The reasons for the emergence of this system are various factors, both biological, economic, religious, and psychological, national. There are many theories explaining the formation of the state, each revealing one of the possible aspects of the process. But all of them cannot claim complete reliability. It should 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.
