Eugen Ehrlich and Leon Petrażycki: Are Emotions a Viable Criterion to Distinguish Between Law and Morality?
This paper considers the ways in which Leon Petrażycki and Eugen Ehrlich employed the psychological notion of emotions in defining the law. Both scholars defined the law by referring to special kinds of emotions: bilateral emotions in Petrażycki’s conception and repulsive emotions of experiencing the wrong behavior of other people, according to Ehrlich’s legal sociology. On the basis of a comparison between the theories of Petrażycki and Ehrlich, the author asserts that both theories hinge on similar methodologies and philosophies. This approach has evident affinities with the conception of law developed by Axel Hägerström and other Scandinavian realists. This analysis suggests a parallel in the development of the realist, sociological and psychological approaches to the law in the first decades of the twentieth century, uncovering certain trends in legal scholarship that underpinned this development.
There are shown situations when such ordinary things as a shop, a workshop, an insurance company, a long distance train, a clinic, a hospital, a stage scenery, some sport activity or military service, unfavorable ecologic or informational situations further the dependant condition of a person, in the article. Besides such person experiences not only psychological of physical discomfort, but such emotions, that ruin its nature, change the behavior, touch the soul, restrain the psyche, perturb the heart, the whole body. There are made several propositions of freedom infringement counteraction concerning every kind of exploitation, including the criminal law resistance to it.
In this chapter we review and analyze the existing concepts of political manipulation of the emotional atmosphere of the society, concentrating our attention on the mechanisms used to transfer personal emotions into political actions. In particular, we are interested in emotions that can be the source of forming a so-called ‘politicized identity’ and explain the differences and the similarities of political manipulations in totalitarian regimes and democracy.
The author differs several approaches to law in classical eurasianism. These distinctions, on his opinion, are based on metalegal grounds – on «alleinheit» theory in the writings of L.P. Karsavin and on «phenomenological method» in the works of N.N. Alexeev
The book containts articles written by European scholars about the place of socio-economic rights in the modern democracies. The introduction is written by Wiktor Osiatynski, who analyses the confusing concepts of socio-economic rights.
An evaluation situation in a case of educational activity has been investigated in our research. 53 subjects have participated in the research. The experiment has been conducted to verify hypotheses. The results have showed that there is the connection between the emotional state of a student and the success of educational activity: a low level of aspiration in a case of influence of positive emotions decreases the effectiveness of educational activity.