Scientific Approach to the Structure of the Legal Psychology as a Science

  • M. Kostytskyi Doctor of Law, Professor, Academician of the National Academy of Legal Sciences of Ukraine, Corresponding Member of the National Academy of Pedagogical Sciences of Ukraine, Honored Lawyer of Ukraine
Keywords: legal psychology, structure, jurisprudence and legal psychology as a scientific-practical complex, methodology, methodic, methods, need in the methodology

Abstract

The dualistic character of the legal psychology it is founded in the article, it is at the same time both legal, and psychological science. It is special cognitive sphere directed on the making of objective knowledge about the side of the legal relations and law enforcement activities. Legal psychology in its structure has philosophical, theoretical, methodological, historical and comparative parts. Philosophical subsystem of the legal psychology is connected with the philosophical part of the legal and psychological sciences. It covers the ontological and axiological aspects of the state-legal appearances as special phenomena, forms of the social conscience, in particular legal conscience, moral conscience as a specific spirit appearance. It is marked that the definition of the philosophical part of the legal psychology is associated with such problems which are connected with worldview approaches in psychology generally. It is possible to assert that the philosophical questions of the psychology in general are not worked up. And few works on this them have the mark of the Marxist-Leninist psychology of Soviet times. Theoretical and historical questions of the legal psychology are more developed if compare with philosophical. Methodology connected with philosophical claims more attention. There is misunderstanding of the methodology essence, its version as a methodic, technology of the scientific cognitive. The author is a supporter of the poly-methodological approach, denies the «vertical» of the methodologies (philosophical, general scientific, concrete scientific), insists on the «horisontal» location of the methodologies, the possibility of every scientists to construct their methodic of the cognitive using the methods taking from the different methodologies. Comparative part of the legal psychology as a science is a comparative analyze of the theories concerning state-legal materia, comparison practical use of the psychology in the jurisprudence and the law-making processes.

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Author Biography

M. Kostytskyi
Doctor of Law, Professor, Academician of the National Academy of Legal Sciences of Ukraine, Corresponding Member of the National Academy of Pedagogical Sciences of Ukraine, Honored Lawyer of Ukraine

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Section
Theoretical and methodological issues of legal psychology