In analyzing the socio-psychic nature and operations of intuitive
legal rules, Petrazycki formulates a theory of law around five
conceptual themes: anti-formalism, imperative-attributive legal
relationships, law's functional control, law's subjective reality
and morality. Petrazycki presents the two ways by which law
coordinates and regulates social conduct as through its
distributive and organizing functions. Law and Morality has a basic
objective: to analyze interrelations between positive and intuitive
law. Petrazycki'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. Petrazycki
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. Petrazycki'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,
Petrazycki's ideas will compel legal scholars to consider his
arguments. Petrazycki's work stands out for the scientific
ambitions and systematic nature of his thought as well as the
influence of his work on later scholars in the sociology of law.
General
Imprint: |
Routledge
|
Country of origin: |
United Kingdom |
Release date: |
October 2017 |
First published: |
2011 |
Authors: |
Leon Petrazycki
• A. Javier Trevi no
|
Dimensions: |
229 x 152mm (L x W) |
Format: |
Hardcover
|
Pages: |
396 |
ISBN-13: |
978-1-138-52692-1 |
Categories: |
Books
|
LSN: |
1-138-52692-4 |
Barcode: |
9781138526921 |
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