Open AccessCategory “Wrongdoings” in Psychological Theory of Law
Author(s) -
Александр Анатольевич Егоров
Publication year - 2019
Publication title -
aktualʹnye problemy rossijskogo prava
Language(s) - English
Resource type - Journals
eISSN - 2782-1862
pISSN - 1994-1471
DOI - 10.17803/1994-1471.2019.106.9.019-026
Subject(s) - wrongdoing , morality , law , context (archaeology) , criminal law , legislature , psychology , perception , philosophy of law , sociology , epistemology , political science , criminology , comparative law , philosophy , history , archaeology
The article is devoted to the analysis of the category of a wrongdoing within the psychological theory of law on the example of the works of outstanding Russian thinkers, namely: Lev (Leon) Iosifovich Petrazhitskiy and Veniamin Mikhailovich Khvostov. The author analyzes the interrelation between morality and law in the context of consequences of their violations that are reflected in ethical experiences, relapses of ethical processes and their perception by others. The author investigates laws of psychology that distinguish law from morality and forms of their manifestations. The paper analyzes and examines the definition of a wrongdoing given by Veniamin M. Khvostov and describes its signs: an act, wrongfulness, competency of the wrongdoer. The author analyzes the views of the researcher concerning subjective and objective elements of the wrongdoing and their forms by comparing with the legislative norms that were in force at that time of the Criminal Code adopted on March 22, 1903. To sum up, the author has made conclusions on the ground of the analysis of issues under consideration.