Bartosz Brożek

The Emotional Foundations of Law: on Petrażycki's Legal Theory

  • Abstract

Informations and abstract

Keywords: Russo-Polish Legal Realism; Definition of Law; Leon Petrażycki; Legal Emotions.

The paper addresses some fundamental aspects of Leon Petrażycki's theory of law. I begin by reconstructing Petrażycki's methodology, which turns out to be based on the Aristotelian essentialist ontology. In what follows, I present Petrażycki's theory of emotions and contrast it with Wundt's conception thereof. I finally arrive at Petrażycki's definition of law, as well as his distinction between positive and intuitive law. I conclude with an assessment of Petrażycki's views, claiming that his insightful theories pertaining to the role of emotions in human decision-making are undermined by his anachronistic methodology.

Trova nel catalogo di Worldcat

Article first page

Article first page