PHILOSOPHICAL AND ETHICAL METHODOLOGY OF L. I. PETRAZYSKI’S LAW THEORY

• Published in: Sovremennye issledovaniia sot͡s︡ialʹnykh problem Vol. 16; no. 2; pp. 173 - 195
• Main Author: Erokhin, Aleksey K.
• Format: Journal Article
• Language: English
• Published: Science and Innovation Center Publishing House 30.06.2024
• Subjects: duty; imperative; introspection; intuitive law; justice; morality; positive law; psychological impulse
• ISSN: 2077-1770; 2218-7405
• DOI: 10.12731/2077-1770-2024-16-2-402

The article is devoted to the large-scale L. I. Petrazyski’s theory of law, which is filled with new ideas that introduced into methodology, psychology and philosophy of law.  The article is targeted to explore the mental structure of consciousness developed by Petrazyski, which is adaptable to a wide range of legal norms and subjective standards for assessing the content of legal experience. Methodology and methods. The dialectical method of discussion was used, supplemented by the deductive method and the method of critical analysis. Results. According to Petrazyski, law itself contains a dichotomy of individual imperative and external instructions for fulfilling duties. Understanding of internal imperative is formed in the mind under the influence of legal experience gained in everyday life. On this basis, an intuitive right is formed that determines a person’s attitude to social activities and personal behavior. The idea of ​​intuitive law runs through all of Petrazycki’s works, which gives him the opportunity to build the concept of a historically inextricable connection between morality and law, resulting in the correct formation of legal norms, changes in social life, and movement towards the common good and justice. It is concluded that Petrazyski’s main contribution to the theory and philosophy of law lies in his firm belief in the unity of law, morality and psychology, as a distinctive characteristic of intuitive law from positive law. Practical implication. The results of the work can be used for further research into Petrazyski’s philosophical and legal ideas of law.