Leon Petrazycki's Socio-legal Ideas and their Contemporary Continuation

被引:1
|
作者
Kojder, Andrzej [1 ,2 ]
机构
[1] Univ Warsaw, Sociol Law, Warsaw, Poland
[2] Polish Acad Sci, Comm Sociol, Warsaw, Poland
关键词
axiology of law; emotions; ideal of love charity; law and morality; legal motivation; power; principle of adequacy; reform of science; rights and obligations; scientific legal policy; social progress; sociology of law;
D O I
10.1177/1468795X06069682
中图分类号
C91 [社会学];
学科分类号
030301 ; 1204 ;
摘要
This article outlines the main socio-legal ideas formulated by Leon Petrazycki at the beginning of the 20th century, and their historical reception up to the present. Although Petra. zycki's 'sociological manuscripts' did not survive World War II, his major works on law and morality do contain many sociological leitmotifs. The latter are drawn out and presented, and include his proposals relating to methodology and the proper formation of sociological theories and propositions, along with his reflections, for example, on the psycho-social nature of law, the social functions of law, progress, property, and the social infection of emotions. The reception of Petryzycki's ideas in Western social science is seen to be still incomplete owing to the language barrier. In drawing out the difference between the Western and Polish reception contexts, a distinction is uncovered between a 'formal' and 'living classic'.
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页码:333 / 358
页数:26
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