The essence and founders of the psychological theory of the origin of the state

The psychological theory of state and law is a concept based on the idea that the state is formed due to the division of society for psychological reasons: one part of people can subordinate and manage, the other can obey and be led. According to the authors of the theory, the basis of human needs is the need to be in a community, as well as the need for collective interaction. A characteristic feature of the human psyche is consciousness, and in this concept it is revealed as a mechanism that develops self-awareness in an individual, as a result of which it became possible to create a state and law. Thus, the development of man with his psychological characteristics led to the emergence of statehood. This theory became widespread at the end of the 19th and beginning of the 20th centuries.

The essence and history of the development of the direction

The psychological concept of law shows that the state was not based on material values, as Marxist doctrine claimed. They appeared due to a number of mental qualities, experiences and emotions of people. Lev Petrazhitsky argued that individual social groups cannot exist for a long time without legal experiences. A state can be formed only due to a certain state of mind of different groups of individuals.

The essence of this theory is that the individual has a psychological need to be in an organized society, where his actions are limited by social boundaries. At the same time, he must feel and be active within the framework of collective interaction.

Supporters of the movement believe that society was formed thanks to the psychological development of man.

The researchers compared society to a biological organism in which individual parts are interconnected. There is a psychological connection between individuals that allows them to unite in groups to achieve a common goal. From this statement it can be understood that solidarity becomes the main character trait of a person, but identical individuals do not exist. According to physical qualities, there are strong and weak individuals. Depending on mental qualities, two groups of individuals are distinguished:

1. Individuals who imitate authorities. They tend to be submissive to others. When executing orders from management, they become calm, believing that they are acting for the benefit of a just cause.
2. People who want to control others. They do not know how to follow orders, they have their own opinions on many things, not recognizing the words of others. Their ability to subjugate those around them to their will will allow them to achieve leadership positions.

This theory arose in the mid-19th century, but it gained great popularity only at the beginning of the 20th century.

Influence of genes

Back in the 19th century, the Hall-Haeckel concept of recapitulation was developed. According to it, all living beings repeat partially or completely the behavior of their ancestors, and people are no exception. The concept undoubtedly has a scientific basis.

There are genotypes that are distributed based on the similarity of gene shape. And this has been proven by numerous experiments in which identical and fraternal twins, as well as families with adopted children, participated. And these experiments showed that the influence of genes on mental development is unconditional. With the same upbringing, education and other factors, the character of people will always depend on heredity. But it does not play a leading role, since the set of genes of each person is only partly similar to the genes of the father and mother, and the other part is individual. Thus, the level of intelligence depends on what it was like in the parents by about 50%, and the remaining percentage is given by the favorableness of intrauterine development, environment, upbringing and quality of education. There are cases where children of parents with rather low intellectual development, when brought up in families with a higher level, eventually surpassed their biological parents in it.

Thus, over time, it was discovered that not only genetics influences the formation of the psyche. Then the need for new theories arose; they began to pour in as if from a cornucopia. But to this day there are not so many main relevant theories of mental development. Many were criticized and dismissed.

Contract theories

A large group of theories consists of natural law concepts, they are also called contractual. Their essence is that the state arises as a result of a social contract; it is beneficial to all people who initially have personal and economic rights, but they transfer part of their rights to the state in exchange for protection. Philosophers also see a number of disadvantages in this concept; First of all, this is a lack of attention to objective factors, for example, of a military-political nature. This group includes the theory of Hobbes, whose supporters believed that in the state of nature people are constantly in antagonism. A person constantly strives for selfish goals and is ready to act aggressively in order to achieve them. Therefore, for the purposes of public safety and the preservation of peace, people were forced to conclude a social contract to establish a state in order to solve their problems.

Contract theory sometimes views the emergence of the state as an attempt to avoid social inequality, but inequality, on the contrary, is increasing. Jean Jacques Rousseau puts forward a draft of a new treaty that will be designed to correct history. This is a community agreement in which everyone's person and property will be protected. The treaty proposed by Rousseau gives the state unlimited power over all people, but it is power directed by the general will. At the same time, Rousseau did not see the need to guarantee the rights and freedoms of people.

Alexander Radishchev held similar views in Russia.

Dark Triad

The dark triad is a combination of narcissism, psychopathy and Machiavellianism (brute force, disregard for moral standards, etc.). And it doesn't just sound bad. This is really bad in most cases. Usually, these are people who bring a lot of suffering and trouble to others, and loving such a tyrant is real torture. But, nevertheless, during the research it was found that it is these traits that contribute to career advancement. People with these traits are incredibly persistent and productive. Moreover, they outperform their more conscientious, slightly obsessive-compulsive (repetitive behavior) counterparts.

Mythological and religious concepts

Their common essence is that the origin of the state is explained by the intervention of higher powers, that is, according to the philosophers who create these concepts, the state has its origin from God. These theories include the theories of Plato, ancient Indian, ancient Chinese and some others. For example, a theological theory that became very famous thanks to the works of Thomas Aquinas. It states that the state is a manifestation of both divine and human will; As for power, it can also be Divine and ungodly.

Table “Theories of the origin of the state”

Founders

Each theory has founders and followers:

• theological - Thomas Aquinas, Aurelius Augustine, Jacques Maritain, Mercier;
• patriarchal - Aristotle, Confucius, R. Filmer;
• negotiable - Charles-Louis Montesquieu, John Locke, Hugo Grotsky, A. N. Radishchev;
• organic - Herbert Spencer, Worms, Preuss;
• psychological - L. I. Petrazhitsky, G. Tard, Z. Freud;
• theory of violence - Shan Yang, Karl Kautsky, Ludwig Gumplowicz.

Other researchers also participated in the development of the theory, but they made little contribution to the development of the direction.

The essence of the theory

The essence of the theory is the assertion that a person has a psychological need to live within an organized community, as well as a sense of collective interaction. Its supporters define society and the state as the sum of the mental interactions of people and their various associations. Speaking about the natural needs of society in a certain organization, representatives of psychological theory believe that society and the state are, in fact, a consequence of the implementation of these psychological laws of human development. The human psyche, his impulses and emotions play a major role not only in a person’s adaptation to changing conditions, but also in the formation of the state and law.

He is echoed by E.N. Trubetskoy, referring to Spencer, points out that “there is a physical connection between the parts of a biological organism; on the contrary, there is a psychic connection between people—parts of a social organism.” Solidarity is thus a fundamental human characteristic. However, people are not equal in their psychological qualities. Just as physical strength distinguishes between the weak and the strong, psychological qualities are also different. Some people tend to submit their actions to authority. They have a need to imitate. The awareness of dependence on the elite of a primitive society, awareness of the justice of certain options for actions and relationships, etc., brings peace to their soul and gives a state of stability and confidence in their behavior. Other people, on the contrary, are distinguished by their desire to command and subjugate others to their will. It is they who become leaders in society, and then representatives of public authority, employees of the state apparatus.

What is psyche

It is the combination and interaction of many processes of the soul and body, such as memory, thinking, imagination, perception, emotionality and speech. This is a concept that plays a dominant role in psychology, medicine and philosophy. If we translate the word psychikos literally, the translation would be “spiritual.” And if expressed in scientific language, then this is the subject’s reflection of the reality around him and how he understands it. But we can put it more simply: this is a person’s reaction to the outside world.

Today scientists know for sure that human behavior is not least determined by the orchestra of hormones that are produced in a certain amount, determined genetically. But this production can be influenced both by medications and lifestyle.

Evaluation of the theory

The emergence of the psychological theory of the origin of the state was, to a certain extent, a great breakthrough in legal science. This became possible only at the end of the 19th century, when psychology began to emerge as an independent branch of knowledge. The interest of social scientists in the problems of psychological science increased noticeably when experimental research methods prevailed in it and large schools began to emerge that diverged in their interpretation of the psyche. The ideas of these schools, adopted by sociologists and lawyers, marked the beginning of the formation of new directions in legal science.

It was rightly noted that the human psyche differs significantly from the psyche of animals. Man has a much more developed psyche. There is a sense of solidarity, a sense of collectivism. The merit of the supporters of this theory is the indication that psychological factors play an important role in the process of state formation. Thus, they tried to take a step away from the economic determinism that had completely taken possession of the minds of many. It is also true that the various interests of people (economic, political, cultural, everyday, etc.) are realized only through the psyche. All human actions pass through his psyche at the level of conditioned and unconditioned reflexes.

Critical moments in the formation of personality according to Erikson

The transition from one stage to another is accompanied by a personal crisis. After all, new paths of development open up before a person. The outcome of the crisis is influenced by the choice of the person himself.

One of the most important stages in Erikson's theory is adolescence, which includes adolescence. In addition to the differences in Freud's views on this age (the emergence of psychosexual conflict), the scientist points out other problems inherent to this age. Teenagers develop their own views on the world.

They idealize what a family or religion should be like. These ideals are very far from imperfect, but really existing families, religions, and social institutions. The teenager is sure that realizing an ideal is no more difficult than dreaming about it.

Erikson believes that the main conflict of early adulthood is the possibility of building close relationships. But the scientist understands by them not only and not so much physical intimacy, although in marriage these factors are connected. By intimacy, the scientist understands the following: a person must learn frankness without fear of losing himself.

At the stage of middle maturity, the individual fluctuates between self-absorption and interest in other people and the destinies of generations. For most adults, children have already become teenagers by this time (at least, this is what Erikson believed at the time). People can devote themselves to their chosen work with complete dedication.

At the last stage, personality development factors from the previous stages play an important role. If a person feels satisfied with the life he has lived, looking back at the years he has lived, he will feel wholeness and peace. If the path traveled seems like a series of mistakes and lost opportunities, he will tragically realize that the lost life cannot be returned.

Theories of the origin of the ancient Russian state

In our time, three theories are usually distinguished: Norman, centrist, and anti-Norman. The Norman theory of the origin of the ancient Russian state (not the “Norman” one!) is based on the fact that statehood was brought to Rus' from outside by the Varangians; this theory is based on an episode from the Tale of Bygone Years, where it was reported that in 862 the Slavs asked the Varangians to rule their lands. The Norman theory was put forward in the 18th century at the Academy of Sciences; its authors, German scientists Bayer and Miller, believed that without the Varangians, the backward Slavic people would not have created a state. Lomonosov and other scientists opposed the Norman theory, putting forward their own, anti-Norman (Slavic) theory.

It was suggested that Rurik was not a Varangian, but a Slav from Prussia.

In our time, these theories are not opposed to each other; It is generally accepted that the process of statehood among the Slavs was natural. But the role of the Varangians in it is also noticeable; the influence of the Rurik dynasty is great, but it is not absolute. By the time the Rurikovichs appeared in Rus', agriculture using iron tools had already been developed here; one could notice the collapse of the clan community, the emergence of a large number of cities and other phenomena characteristic of the beginning of statehood.

The centrist theory precisely unites the Norman and Slavic ones, arguing that the ancient Russian state arose as a result of the development of society in Rus', but the Varangians also took part in this process.

Could you do me a little favor?

The “foot-in-the-door” technique (getting a chance at something) allows you to manipulate a person’s consciousness in such a way that he does something very important and difficult for you, first by simply agreeing to fulfill a small request. However, there are those who manage to twist it so that in the end the person does twice as much (double foot-in-the-door)

This process consists of three stages: small, medium and large, rather than immediately moving from small to large. Framing the question this way makes the last task less daunting. And even if you have to spread it out over a week or two, it still pays off in the end.

Who is L.I. Petrazhitsky

Lev Iosifovich Petrazhitsky is a Russian and Polish philosopher, sociologist, lawyer and researcher of the legal nature of the life of society and the state. L.I. Petrazhitsky was born in 1867 on the Kollontaevo estate in Vitebsk province into the family of a wealthy nobleman. Since childhood, Lev Iosifovich showed a penchant for science. At a young age, he successfully entered and graduated from the Faculty of Law of Kyiv University. He then continued his studies in Germany, namely at the University of Berlin. L.I. Petrazhitky achieved particular success in studying the foundations of Roman law. His knowledge in this area amazed those around him.

Life of L.I. Petrazhitsky is complex and tortuous. He began developing his psychological theory about the emergence of state and law while still studying at the university. After completing his studies, L.I. Petrazhitsky continued his scientific activities. He is widely known as a professor at the Faculty of Law of St. Petersburg University.

Lev Iosifovich Petrazhitsky took an active part in the political and social life of the country. He was a deputy of the First State Duma from the Cadets Party.

After the Great October Revolution of 1917, L.I. Petrazhitsky leaves Russia. In 1921 he took Polish citizenship. Lev Iosifovich Petrazhitsky teaches in Polish educational institutions, focusing primarily on sociology.

Lev Iosifovich Petrazhitsky was married to Teona Karlovna. He had no children. L.I. died Petrazycki at the age of 64 in Warsaw. His death is shrouded in mystery.

The psychological theory of Lev Iosifovich Petrazhitsky about the emergence of state and law had many supporters and opponents. Prominent foreign legal scholars often argued with him, trying to identify flaws in his theory and connect them with utopianism.

Object of the theory of state and law. The relationship between the object and the subject of the theory of state and law.

Each science has its own subject of research, which is understood as the side of objective reality it studies. In other words, the subject of science is those phenomena and processes of the real world that are studied by it, which is what scientific knowledge is aimed at. Science studies, first of all, the patterns of development of nature and society. In this sense, the subject of the theory of state and law is no exception. TGP studies the general patterns of the emergence, development, purpose and functioning of the state and law.

The subject of TGP is the basic general laws of the emergence, functioning and development of the state and law. This science studies the reasons for the origin of the state and law, their forms and typology, the basic patterns of constructing the system of state bodies and the legal system, their functional impact on public life.

The object of study of TGP is legal and state-power relations, state and legal phenomena, as well as the following legal categories and concepts: legal relations and implementation of law, legal order and legality, legal systems and forms of law, forms of government and forms of government, political (state) regime and state apparatus.

The subject of TGP includes not only real relations, processes, phenomena and categories, but also the ideas that people have on this matter. Law, state power, legislation, legal relations exist and are built essentially in accordance with certain ideas of people; they are associated with human consciousness, psychology, and ideology.

Thus, the subject of general TGP is: law and the state (as phenomena of social life), the patterns of their emergence, functioning, their class-political and universal essence, content and forms, legal relations and connections, features of legal consciousness and legal culture.

Ananyev B. G. (1907-1972) - Russian psychologist.

The structure of man as an individual, personality and subject of activity. Characteristics of a person as an individual. There are grounds for identifying 2 main classes of individual properties: age-sex and individual-typical. The first includes age properties and sexual dimorphism. The second includes constitutional features; neurodynamic properties of the brain, features of the functional geometry of the cerebral hemispheres. All these properties are primary and exist at all levels including cellular and molecular. The interaction of age-sex and individual-typical properties determines the dynamics of psychophysiological functions and the structure of organic needs - these properties can be called secondary. The highest integration of all these properties is represented in temperament, on the one hand, and inclinations, on the other. Characteristics of a person as L. The starting point of the structural-dynamic properties of L is its status in society. On the basis of status and in constant interrelation with it, systems of social functions of roles and goals and value orientations are built. Role status and value orientations form the primary class of personal properties integrated by a certain structure L. These personal characteristics determine the characteristics of behavioral motivation, the structure of social behavior, constituting the 2nd row of personal properties. The highest integrated effect of the interaction of primary and secondary personal properties is a person’s character on the one hand and abilities on the other.

Basic characteristics of a person as a subject of activity. The initial characteristics are: consciousness and activity. As a theoretical subject. human activity is characterized by knowledge and skills. The highest integration of subjective properties is creativity, and the most social effects are abilities and talent.

Criticism

Firstly, pointing out the role of psychological qualities in the process of state formation, representatives of psychological theory from the standpoint of the development of psychological science of that time could not give us a detailed doctrine of the role of the psyche in the formation of a state. Calling all the psychological qualities of people “impulses,” “emotions,” and “experiences,” they saw no difference between them. Meanwhile, the human psyche is divided into emotional, volitional, and mental spheres. In relationships between people, it is volitional qualities that are very important. On their basis, psychological subordination between people and a social “pyramid” are established, a type of which is the state. Strong willpower makes people natural leaders. It is precisely such people, as a rule, who become at the “helm” of a tribe, a union of tribes, and then the state.

Secondly, speaking about psychological qualities, supporters of psychological theory emphasize that the desire for solidarity is inherent in people almost from birth. But what do we actually see? Since the beginning of their existence on earth, people have been constantly at war with each other, and war in ancient times was the rule, not the exception.

Of course, under the influence of the threat of destruction or diminishment of their vital interests, people are able to unite. But in this case, solidarity is also inherent in animals. For example, hyena dogs not only interact during the hunt, but also take care of the victims: they post guards around them and bring food from afar. We find the behavior of hyena dogs very attractive. But do all even modern people always do the same? The problem of burying the remains of soldiers who died during the Great Patriotic War has not yet been resolved. Excavations show that among the examined skeletons of human ancestors who lived millions, hundreds of thousands and even tens of thousands of years ago, there are no traces of successfully healed injuries in which a person loses the ability to walk. This means that people who received such trauma did not survive, since our ancestors probably abandoned the wounded to their fate.

Thirdly, while welcoming the desire of the authors of psychological theory to moderate economic determinism, one cannot help but note that they go to the other extreme: they attach decisive importance to psychological factors in the process of state formation, that is, they essentially make the same mistake. Of course, psychological factors do not have a decisive influence on this process, but discounting them is an even more serious mistake than underestimating them.

Pavlov's school.

The doctrine of conditioned reflexes is a temporary connection between an external agent and the activity of the body. Unconditioned reflexes are carried out under any conditions. Signaling systems. 1st signaling system - irritation on external receptors and on the cerebral hemispheres, common in humans and animals; The 2nd signal system is the word.

Laws of GNI: law of irrationation, law of concentration. He studied experimental neuroses. Orbeli L.D. the doctrine of the 2nd signal system, the problem of labor and inspiration. Anokhin P.K. theory of functional systems, universal model of the brain (afferent synthesis), biology and neurophysiology of the conditioned reflex. Lomov B.F. special developments of instinctive psychology, occupational psychology, psychophysics, mathematics. psychology. Davydov V.V. the phenomenon of interiorization.