Law and Morality by Leon Petrazycki (, Paperback) | eBay
Leon Petrazycki was a Russian and Polish philosopher, legal scholar and sociologist. According to him, law takes the form of legal experiences ( emotions, impulsions) implying a two-sided relationship Leon Petrażycki, Law and Morality. Max Weber on Law in Economy and Society. TRANSLATION BY Law and Morality: Leon Petrazycki. TRANS- the nature of law and its relation to economics. Petrazycki's socio-psychic orientation toward law is behavioral as well as thoughtful relationships, law's functional control, law's subjective reality, and morality.
About this product Synopsis In analying the socio-psychic nature and operations of intuitive legal rules, Petraycki formulates a theory of law around five conceptual themes: Petraycki presents the two ways by which law coordinates and regulates social conduct as through its distributive and organiing functions.
Law and Morality has a basic objective: Petraycki's socio-psychic orientation toward law is behavioral as well as thoughtful. He finds the most suitable methods for obtaining knowledge about legal experiences to be internal and external observation. His technique of introspection is similar to Max Weber's conceptual method. Petraycki distinguishes between two kinds of interpretive understanding.
External observation involves deriving the meaning of an act or symbolic expression from immediate observation without reference to any broader context, and internal observation involves placing the particular act in a broader context of meaning involving facts that cannot be derived from a particular act or expression.
Petraycki's socio-legal ideas remain relevant in today's society. His arguments concerning the global expansion of human love have an attraction for those working towards a better world.
In the context of positive psychology and the growing happiness industry, Petraycki's ideas will compel legal scholars to consider his arguments.
Law and Morality
Citing examples from everyday life, the scholar has noted that during any games there is a set of rules rights of their participants, which in terms of positive law is not a right.
Petrazycki accompanied a proof of the existence in society of various forms of law, the nature of which is diverse by multiple instances. Petrazycki notes that in the field of religious folk psyche delegating responsibilities to people and granting them the rights is attributed to different gods or God.
A huge layer of social life and cultural education of the people are the rights of gods. Holy books and religious works having a huge impact on the entire nations are an example and have a clear description of law.
The emergence of the jurisprudence goes back to the peoples and civilizations that lived long before the Roman jurisprudence. This ancient science and academic profession flourished on the basis of the corresponding law, which had a religious or sacred character.
Essays of the Philosophy of Law. Fundamentals of psychological theory of law. Overview and critique of contemporary views on the substance of the law. Theory of law and state in connection with the theory of morality.
The scholar described customary law as a type of the positive law, under which imperative-attributive experiences with representations of a certain mass behavior as normative fact take place in the psyche of people.
Taken into account that such evidence exists in the form of customs of ancestors, the old traditions and modern standard customs, the scholar divides them into two types: Considering the jurisprudence as a type of law, Petrazycki relies on the fact that jurisprudence sometimes gets in the psychology of people a value of the normative fact.
Law and Morality (eBook, ) [caztuning.info]
Thus, in countries of the Anglo-Saxon legal system, vast areas of the official law do not have legislative regulation, but instead of it, the positive law plays a decisive role referring to the relevant judicial decisions. The right to certain prejudice, or the existence of several similar in essence and content of judicial decisions, also gets in the psychology of judges and other participants of the process, a value of the normative facts.
Another type of positive law the scholar calls judicial right. The book law arises, when the collections of legal sayings compiled by someone get normative value in a legal life.
There are plenty of historical examples of the book law: Sometimes the official collections, compiled for one place, get the standard value for other locations, provinces, countries, and in fact, without any legal sanctions are built into normative facts.
The right to opinions adopted in science was not rare in the history of law. Opinions of science, scientific jurisprudence received value of normative facts as well as in the domestic and international legal life. In addition, Petrazycki notes that the doctrine of individual lawyers or their groups sometimes get in the legal life a value of the legal facts, that is, he allocates the right to doctrine of individual lawyers or their groups.
References to great lawyers or famous law schools, and not only to modern, but often to the ancient ones, were used in the preparation of new regulatory compilations or in making decisions. The right to legal expertise occurs when there is an address to a group of scientists and authoritative public face for expertise in order to make solutions on complex and difficult legal issues.
Legal expertise sometimes acquires such authority, that they become normative facts for decisions of not the cases for which they were originally requested, but others, similar to the original.
Right to sayings of religious and ethical authority. The role of normative facts and, moreover, much more authoritative than the state laws, customs and judicial practice, play sayings of different persons who have acquired the religious authority: Jesus Christ, Mohammed, the founders of religions, prophets, apostles, saints, church fathers, etc.
For example, in the Middle Ages, scientists-legal scholars referred to the opinion of some saint, manifested Scripture as the source of law, and this opinion had greater legal force than the rules of law in force. The right to religious and authoritative examples, patterns of behavior can become a legally binding on the grounds, that the deity itself or some religious authority did so in a similar case.
Such well-known rule of conduct becomes a legal fact, which is referred to as a rule of conduct or rule of law. Contract law is a special type of positive law under which the contract is concluded between the parties, generating legal relations.
Several ancient philosophers admitted an agreement as an independent source of law2. An example includes international agreements, which are a source of international law. The right to unilateral promises may become a normative fact, if someone promises to perform something in the respective known cases.
Law and Morality - Leon Petrażycki - Google Livres
For example, promises of the president given by him in a public statement, receive in legal psychology the role of the normative facts, which are then referred to by citizens to make grounds for arisen rights corresponding to the statement of the president. The right to programs, messages about future actions, the program right.
Sometimes the legal psychology erects into normative facts simple messages of known persons about their future actions or regulations for future activities. For example, government or party programs in political life of the country can play a role of normative facts which are referred to, and when they are violated protests are voiced.
Right referring to the recognition of the obliged party, recognized right. Recognition is an independent normative fact, after which the previously baseless claims are converted into legitimate, based on the act of recognition as a special normative fact.
Leon Petrazycki calls the need for unification of legal relations through the development of a positive template for actions that took place earlier in similar cases as case law. Thus, the scholar separates this type of the law from judicial or judiciary because, in his opinion, the case law is based on appropriate actions, instead of on normative acts or decisions of courts.
The right to legal sayings, proverbs - is a special type of positive law, referring to as the normative fact on legal proverbs and sayings. This phenomenon was common in the era of patriarchal way of life and is a means of knowledge and evidence of the existence of customary law. The study of positive law types and the nature of the emergence of normative facts served to Petrazycki as a means to ascertain the nature of the existing generally recognized sources of law.
The scholar assumed that the above does not exhaust the number of all types of non-conventional forms of positive law, and suggested that further research in this area would lead to new major discoveries. A theory developed by Petrazycki, for more than years, gives ground to many scientists for further scientific studies.