The paper aims to study the work of Leon Petrazycki and analyze modern
Ukrainian scholars’ opinions on Petrazycki’s scientific achievements. This study
focuses on Petrazycki’s work, his psychological theory, in particular, in view
of our own perspective on the law and within the framework of our theological
and sociological theory, which considers the law as a social life phenomenon
and regards moral imperative of the Almighty God as the basis of law. Every
civilization communicates moral imperative through sacred writings (the Ten Commandments in Christian Bible, six hundred and seven rules in Jewish Torah,
seventy-two rules in Muslim Quran). It is within the framework of this moral
imperative that the society and the state develop the law.
The paper addresses the modern absurdity and at the same time antinomy of
law, lying in the fact that there is more and more law in the society but less and
less law in life of an individual due to the fact that states rapidly upscale rulemaking,
but laws are becoming less accessible to an individual. This study draws
on conceptual issues of Petrazycki’s theoretical heritage, fundamental principles
of his psychological theory, as well as connection between law and morality,
described by Petrazycki, which are the spiritual heritage of society. The most
important issues of Petrazycki’s work, in our opinion, are studying the nature of
law, balance of emotion and intellect, official and intuitive, desirable and actual
components in law, as well as subjective and objective law, law policy and power.
The paper reveals that assessment of Petrazycki’s work in modern Ukrainian legal studies is ambivalent: from sharply critical (Prof. P. Rabinovich), compliant with Russian (O. Timoshina (St. Petersburg)) approach and critical yet positive perception of Petrazycki’s psychological theory (S. Maksymov, O. Merezhko, M. Kuz, O. Stovba) to admiration for Petrazycki’s genius, whose work was ahead of his time (I. Bezklubyi, N. Huralenko, V. Dudchenko, O. Rohach, M. Savchyn, V. Tymoshenko). Thus, the research findings suggest that Petrazycki’s work belongs not only to the past, but also to the present and future of jurisprudence, sociology, psychology, economics. Further in-depth analysis of Petrazycki’s heritage will contribute to more accurate diagnosis of urgent legal issues in social development of modern Ukraine, real assertion of personocentrism as a postulate of contemporary theoretical jurisprudence and guidelines for public authorities, as well as practical solution to many controversial scientific and legal issues.
A Socio-Psychological approach to understanding Child Rape: An analytical study: مقاربة سوسيوسيكولوجية لفهم جريمة اغتصاب الأطفال: دراسة تحليلية
