Petrazhitsky’s Psychological Theory of Law and its influence on the formation of the informal law concept.
Journal Title: Актуальні проблеми держави і права - Year 2018, Vol 81, Issue
Abstract
The article analyzes L.Y. Petrazhitsky’s psychological theory of law in the context of contemporary legal thinking. The author outlines the essence of law as a phenomenon, and the criteria of dividing the law to types that Petrazhitsky used. L.Y. Petrazhitsky considered the official law as the law that is applied and supported by representatives of state power, and the informal law – as the law deprived of such support. Summarizing the ideas of L.Y. Petrazhitsky, the author affirms: the informal law in real legal life occupies a dominant position, encompasses various types of intuitive law and is characterized by the fact that it relates to a certain life situation; is consistent with the individual features of a particular case; is a dynamic system that exists when it is “happening”, exactly when individuals communicate; has a voluntary character and does not require state coercion; contains no rules in the formal sense, but rules agreed by the parties of the relationship. Philosophical and legal doctrine of L.Y. Petrazhitsky, which proceeds from the psychological motives of human legal behavior, provides the basis for the concept of informal law.
Authors and Affiliations
Д. В. Щамбура
Keywords
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