How did the state come about? What is its essence? What is a right? To answer these and many other questions, dozens of very different theories were born. 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 emergence of the state include theological, patriarchal, organic, economic, contractual, psychological and others.
As for the concept of law, the hypotheses about its occurrence are inextricably linked with the concept of the formation of a power. There is a theological doctrine, a theory of natural law, a natural-legal doctrine, a normative theory, and, of course, a psychological one. The scientist and philosopher Leo Iosifovich Petrazhitsky developed the last 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 signs: submission and management.
The essence of the theory
An individual has a psychological need to exist within a community; he has a sense of collective interaction. Adherents of this opinion consider humanity and the state to be the result of personal interactions of people and various unions created by them. Society and the mother country are the result of the realization of the natural needs of the individual in a particular organization.
The psychological theory of law. Representatives
At the beginning of the twentieth century, the Russian scientist L. I. Petrazhitsky developed a doctrine on the origin of the state. In printed form, she was told 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 Kiev 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 twentieth century, the scientist published two printed works in which he synthesized psychology with the theory of power.
The 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. The main provisions of his theory, L. I. Petrazhitsky reflected in the book of 1900 "Essays on the philosophy of law."
2. From 1900 to 1905. The scientist began to develop in detail the methodology of his future teachings. 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 was engaged in the construction of a unified system of legal knowledge based on a previously developed methodology. His work was framed in a two-volume manuscript "Theory of Law and the State in Connection with the Theory of Morality." Printing the last book has become a real event in world literature.
The views of E. N. Trubetskoy and M. A. Reisner
The 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 an understanding of the dependence on the elite, the legitimacy of certain options for relationships and actions, which brings a sense of stability and tranquility to their souls. The second part of individuals is distinguished by a desire to subordinate others to their will. Such people become leaders in society.
The socio-psychological approach to solving the issue of the emergence of a power was discovered by M. A. Reisner. In his opinion, the main point in the formation of the empire is ideology, which organizes life in society. The philosopher believed that the main source of state conviction is the mass psyche of people. The study of the formation of the country is limited to the knowledge of the mental experiences that made up the political ideology, and the analysis of people's behavior. The state, according to the scientist, included the population, territory and power. It embodied the entire political ideology, namely the influence of race, terror, economic necessity and religion, led by the ideology of law. The state is a product of the realization by the population of beliefs, norms and principles in which they depend on various types of power.
The main provisions of the theory of law
The psychological theory of law L. Petrazhitsky contains the following points:
- The teaching includes positive law and intuition. The first officially acts in the state, when the second is the basis of the psyche of people and consists of the experiences of groups and associations.
- Positive law - these are the normative acts established by the state, the legislator.
- Of all the known psychological states of a person, the main ones are emotions that induce action. When building relationships with other people, the individual relies on intuitive law. This type of authors of the theory is considered true, as it encourages independent and volitional actions.
The discord between the 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.
The psychological theory of law. Criticism
Any theory has both supporters and opponents. This teaching 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 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 an 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.
The psychological theory of the emergence of law includes the desire for the solidarity of individuals. But in reality, this opinion is groundless. Enough cases of a complete lack of concern for people about loved ones are given. The authors of the theory attach the main importance in the formation of the state to psychological factors, not enough considering other circumstances.
The merits of learning
The psychological theory of law is closely connected with the personality mechanism of the formation of lawful behavior. When translating a number of legal requirements into the quality of the actual behavior of the experience, the psychological impulses of the individual will become the last link in direct contact with a specific behavior. Law can regulate behavior only through the mental and psychological sphere. Thus, the psychological theory of the origin of law takes into account the personal characteristics of people, the role of justice in the regulation of public 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. The scientist supported the liberal idea of independence of law from the state, however, he did not deny the importance of cultural heritage. He strove to create a theory of power that could become the methodological basis of the legal consciousness of Russian society and professional jurisprudence.
The influence of emotions
A major role to the phenomenon as a form of normative experiences is assigned by L. I. Petrazhitsky 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 about the properties of objects. The scientist believed that the rules of decency, approved by society, begin on the variations of different representations 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 “right” behavior. L. I. Petrazhitsky identifies two types of duties - moral, legal. The former are free in relation to others. Legal - a type of duties that are considered assigned to others.
Ethical standards
In addition to the duties that an individual fulfills, the philosopher also took into account ethical standards. He also divided them into several types. The first is called "moral standards." They are unilaterally binding, assert duties independent of others, and prescribe a person to known behavior. Examples of such norms are the rules of Christian ethics, which describe duties towards one's neighbors without any claim to fulfillment on their part. The second type includes mandatory, pretentious norms that establish roles for some members of society, requiring the implementation of them from others. What is the responsibility of some is assumed by others as something for granted to them.
Conclusion
The organizational structure of the state appeared at a specific stage in the development of society. The causes of this system are various factors, both biological, economic, religious, and psychological, national. There are many theories explaining the formation of the state; each reveals one of the possible sides of the process. But all of them cannot claim to be completely reliable. It should be borne in mind that the psychological and mental qualities of people are formed due to the action of political, military, economic, social, spiritual and religious factors.