ПОЛІТИКА ПРАВА ЗА ВЧЕННЯМ Л. ПЕТРАЖИЦЬКОГО ЯК ЕМПІРИЧНА НАУКА

Abstract

Background. The article introduces the study of the concept, subject, method, function and purpose of legal policy as an empirical psychological science of law according to L. Petrazhytskyi's doctrine. In the course of the study, an analysis of L. Petrazhytskyi's scientific research was carried out. The description of the reasons for the emergence of this science and the determination of its methodological potential for modern jurisprudence were highlighted. The object of the study is the theory of law of L. Petrazhytskyi as a theory-method that substantiates the empirical scientific branch of knowledge – the politics of law. Methods. The historical-comparative method, theoretical methods of formalization and idealization, and logical methods were used to reveal the subject. Results. The article presents the idea that the state of jurisprudence at the beginning of the 20th century was similar to the current state of jurisprudence due to the presence of crises in it. Currently, there is a crisis in the subject of the general theory of law and its status in connection with the return of Ukrainian jurisprudence to the bosom of the Western European legal tradition and culture. It is shown that L. Petrazhytskyi pointed to the crisis of jurisprudence at the beginning of the 20th century, which was unable to consciously and intelligently influence the development of law and its social role. As a result of attempts to solve this crisis, the scientist began to develop a new legal science and policy of law. It has been analyzed that this is a science, the subject of which is law as a mental phenomenon factor, which, due to its influence on the human psyche, determines its behavior. Thanks to the study of the causal properties of law, the causal effect of law in general, and its various signs and institutions in relation to the human psyche, the policy of law is capable of scientifically substantiating all the consequences that the implementation of normative legal acts or principles of international law can lead to. L. Petrazhitsky proved the need to create a science of law policy as a 'practical discipline', where the focus is on the law as a tool of achieving social ideals – social harmony and solidarity, as well as the development of law and the methodology of correct legal reasoning. The policy of law forms the basis for criticism of the current law (legislation) and its development in the direction of achieving needed social results. Authors suggest that the policy of law in the modern system of classification of legal sciences seems to be a specially applied discipline, because it uses the method of psychological science to study the mental impact of the right on a person and groups of people, however, the subject is the law and the achievements of this science serve to solve the problems of lawmaking and jurisprudence. Conclusions. At the same time, taking into account the incompleteness of L. Petrazhytskyi's theory, and therefore its openness to further development, the authors indicate its relevance for modern science and the prospect of further development of the branches of jurisprudence as a legal science based on the principles of scientificity, the achievements of psychological science, and uses the empirical methods, taking into account the ideas of L. Petrazhytskyi.