2007-08-21

PSYCHOLOGY OF LAW


Summary

The status of the Psychology of Law as a taking shape modern scientific direction has been considered by the author of this work. There are five chapters in the structure.

Chapter I, entitled Historico-Genetical Problems of the Psychology of Law, is dealing with the problems of arising, differentiating and shaping of Psychology as a science. Its substantial achievements with fundamental importance for the Psychology of Law are adduced. It is underlined that regardless of the official birthday of the Psychology which happened only 130 years ago, and despite of its millenium past, it is a young science, compared with the other sciences. As any youth, the youth of the Psychology is marked by turbulence, vitality, and anxiety in its development. All this reflected in enormous methodological positions and schools, as well as in arising of a number of intermediate and complex scientific directions (born by its “promiscuous” relationships with the other sciences), like the Psychology of Law.

In the frames of this Chapter special attention has been given to the fact that there is not a problem from the psychology sphere which is not arguable and giving opportunities for highly varied and very often conflicting stand-points, interpretations, theories, and schools. This is why for the Psychology of Law is extremely important the study of many different theoretical directions and schools within the science of psychology. This aspect has particular educational and cultural importance as well as a meaning of a powerful intellectual instrument for overcoming the objective vacuum in the psychological knowledges and the anti-psychological reflections not only of non-psychologists, but of psychologists, too.

In connection with the above the author has made comparatively spread out synthetic interpretation of 28 psychological theories and schools, in particular: Psychology of conscience; Associative psychology; Positivistic psychological theory; Behavioral, neobehavioral and Russian interpretation of the behavioral science; Functional psychology; Psychoanalitical (Freudian and Neofreudian) theory; Psychological theory of the French sociological school; Holistic psychological theory; Theory of symbolic interactionism (The roles’ theory); Psychological theory of the field; Existential (personological, personalistic and humanistic) psychology; Descriptive psychology; Psychological views of Carl Popper; Cognitive psychology; Psychoterapeutic schools; Psychogenetic school; Psychoendocrinological school; Psychological theory of Law of Leo Petrzicky; Dialectico-materialistic (French marxist and Soviet) school in Psychology; Teological school in Psychology; Personslity’s theories; Theories for communication; Theories for individuality; Theories for the study; Theory for the stigmatisation (etiquettes); Theory for the personal constructs; Theory for the press and the needs; and Theory of exchange.

Chapter II. Object Oriented Problems of the Psychology of Law, discuss the problems related with the outlining specific frames of the science object. The concept for the Psychology as the most untidy and the most disunited science is substantiated. That is why the psychological problems give more and more opportunities for establishing and existing of new schools and notions about the object of the Psychology without clear notion about what to do with the old ones.

Interrelated with this is the problem for the character of the Psychology, and the concept of its initial arising as a monoparadigmal vision of the scientific problems in the psychological sphere. But during the last decades it started shaping, and today it is completely shaped, as a multiparadigmal (polyparadigmal) science.

Subject of study are problems related with the nature of: brain and its activity; psyche and its content; conscience and its content; correlation between consciousness and self-consciousness. An answer to the question, “Which and what kind of psychological phenomena are object of study by the Psychology of Law?”, was suggested.

The conception of Psychology of Law which is nor juridical or psychological but intermediate and complex science, situated on the border of three types of sciences – legal, psychological, and a raw of natural and social sciences, is given proof of.

Chapter III, Systemological problems of the Psychology of Law, is the shortest one. It is dealing in brief with the systemological problems of the General Psychology, as well as the specific frames of the system of the Psychology of Law. The concept of its triple division is maintained:

Division One deals with the introductional problems;

Division Two is concerned with the psychological characteristics of the law-relevant activities by spheres of their manifestation. The study is situated in the frames of two chapters: Psychology of Lawmaking and Psychology of Lawexecution. In the frames of the Second Chapter are suggested psychological characteristics of: lawful conduct; deviant conduct and offence (so called Criminal Psychology); judicial-investigative activity (so called Forensic psychology); Psychology of penal and correctional and repressive activity (so called Penitentiary psychology and Repressive psychology);

Division Three studies the problems connected with the psychological characteristics of law-relevant psychic phenomena, in particular the very important in the legal sphere: needs; interests; desires; goals; will; feelings; emotions; passions; moods; opinions; prejudices; illusions; customs; manners; traditions; suggestion; conviction; conformism; adaptation; and s. o.

Chapter IV, Methodological Problems of the Psychology of Law, is dealing with the problems related to: the concepts of “methodology” and “method”; classification of methods; outlining characteristics of methods of observation, description, measuring, experimenting, modelling, psychological characteristics, laboratory-clinical method, psychological test, inquiry, conversation, polyvariant interpretation of data, comparison, etc.

Chapter V, entitled The Place of the Psychology of Law in the System of Sciences. Interrelations with Other Sciences, along with the idea for the paradigmality of the Psychology is pointing on the importance of the connections of the Psychology of Law with: 1) Philosophy; 2) Psychological sciences, and in first rate: Psychodiagnosis, Psychology of Professions, Social Psychology, Economic Psychology, Psychology of Organisational Behavior (Psychology of Managment), Political Psychology, Criminal Pathopsychology, Parapsychology, and Ontopsychology; 3) Psychiatry, and in particular Forensic Psychiatry, Psychopatology and Forensic Psychopatology; 4) Ethics; 5) Sociology, and in particular Sociology of Law; 6) Criminology; 7) Victimology; 8) Culturology; 9) Aesthetics; 10) Phisics; 11) Cibernetics; 12) Mathematics; 13) Physiology and Neurophysiology; 14) Synergetics; 15) Anthropology; 16) Ethology; 17) Tanatology; 18) Semiotics; 19) Logics, and in particular Legal Logic; 20) Hermeneutics; and 21) Syneidesic.



[Published on pp.466-470 of Ianko Iankov PSYCHOLOGY OF LAW. Vol. 1. - Sofia, "Ianus", 2002. - 517 pp.].

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