Leon Petrażycki


Leon Petrażycki

Leon Petrażycki (13 April 1867 - 15 May 1931) was a Polish philosopher, legal scholar and sociologist. He is considered one of the important forerunners of the sociology of law. Other spellings of his name in the literature are "Petrazhitski" and "Petrazycki" (without the dot over the "z").

Life

Leon Petrażycki was born into the Polish gentry of the Vitebsk region, Russian Empire. He graduated from Kiev University in 1890, spent two years on a scholarship in Berlin and got his doctorate in 1896 from the University of St. Petersburg. At the latter university he served from 1897 to 1917 as a professor of the philosophy of law. In 1906 he was elected to the ill-fated First Duma and, when the legislature was dissolved after a few months, convicted and incarcerated for his protests. He was appointed to the Supreme Court of Russia in 1917, but had to flee the country when the Bolshevik revolution succeeded. He found a new home in Poland and became the first professor of sociology at Warsaw University in 1919. A prolific writer in several languages and famous lecturer with a large following of students, he committed suicide in 1931. [Sorokin, Pitirim. 1963. A Long Journey: The Autobiography of Pitirim A. Sorokin. New Haven, Conn., College and University Press.]

Work

Petrażycki published many books in Russian, German or Polish. But much of his late ideas were preserved only in lecture notes by his students. Therefore, even in Poland, his work is only partly known. The English-speaking student still has to rely on a compilation of Petrażycki's writings edited by the Russian-American sociologist Nicholas S. Timasheff in 1955. Despite some recent efforts to introduce and revive his work, his work is still largely unknown in the West.

Petrażycki conceives of law as an empirical, psychological phenomenon that can best be studied by introspection. According to him, law takes the form of legal experiences (emotions, impulsions) implying a two-sided relationship between a right on the one hand and a duty on the other hand. If this legal experience refers to normative facts in a broad sense (statutes, court decisions, but also contracts, customs, commands of any sort) he calls it "positive law", if it lacks such reference, he talks of "intuitive law". In another conceptualization, he contrasts "official law" (made by the state and its agents) to "unofficial law" (made by societal agents), which brings him close to legal pluralism. He parallels Eugen Ehrlich´s idea of living law when he states that "the true practice of civil law or any law is not to be found in the courts, but altogether elsewhere. Its practitioners are not judges and advocates, but each individual citizen..." (Petrażycki 1897, as quoted by Motyka).

Petrażycki's theory of law is anti-statist and very critical of the legal positivism of his time, which he takes to task for being naive and lacking a truly scientific basis because of its focus on norms, rather than the experience thereof. He also rejects the rather common notion that only human beings can have rights and can therefore be seen as an early proponent of animal rights.

Petrażycki has been called the "unrecognized father of sociology of law" (Adam Podgorecki 1980/81). His influence on the sociology of law has been primarily indirect through some of his students, specifically Nicholas S. Timasheff, Georges Gurvitch, and Pitirim Sorokin, who each in various ways contributed to formulate a more distinctly sociological perspective, derived from and complementary to Petrażycki's psychological theory. [Deflem, Mathieu. 2008. Sociology of Law: Visions of a Scholarly Tradition. Cambridge: Cambridge University Press.]

Notes

English language Sources

* Krzysztof Motyka, Law and Sociology: The Petrażyckian Perspective. In: Michael Friedman (ed.) Law and Sociology. Current Legal Issues 2005. Oxford: Oxford University Press 2006, pp. 119-140.
* Adam Podgórecki, Unrecognized Father of Sociology of Law: Leon Petrażycki. Reflections based on Jan Gorecki's "Sociology and . In. La & Society Review, vol. 15 (1980/81), pp. 183-202.
* Jan Gorecki (ed.) Sociology and Jurisprudence of Leon Petrażycki. Urbana, Chicago, London: University of Illinois Press 1975.
* Leon Petrażycki, Law and Morality. Edited with an introduction by N.S. Timasheff. Cambridge, Mass: Harvard University Press 1955
* Andrzej Kojder, Leon Petrazycki's Socio-legal Ideas and their Contemporary Continuation, 6 Journal of Classical Sociology 2006, pp. 333-358

ee also

* History of philosophy in Poland

External links

* [http://en.wikipedia.org/wiki/International_Institute_for_the_Sociology_of_Law International Institute for the Sociology of Law - Wikipedia, the free encyclopedia ] at en.wikipedia.org
* [http://www.iisj.es ] at www.iisj.es

]


Wikimedia Foundation. 2010.

Look at other dictionaries:

  • Leon Petrażycki — Leon Petrazycki Leon Petrażycki (Лев Иосифович Петражицкий; * 13. April 1867; † 15. Mai 1931) war ein polnischer Philosoph, Jurist und Soziologe. Er gilt als der Begründer der Rechtssoziologie Osteuropas. Leben Leon Petrażycki wurde in der Region …   Deutsch Wikipedia

  • Sociology of law — refers to both a sub discipline of sociology and an approach within the field of legal studies. Sociology of law is a diverse field of study which examines the interaction of law with other aspects of society, such as the effect of legal… …   Wikipedia

  • History of philosophy in Poland — The history of philosophy in Poland parallels the evolution of philosophy in Europe generally. Polish philosophy drew upon the broader currents of European philosophy, and in turn contributed to their growth. Among the most momentous Polish… …   Wikipedia

  • Петражицкий, Лев Иосифович — Лев Иосифович Петражицкий Лев Петражицкий Дата рождения …   Википедия

  • List of philosophy topics (I-Q) — II and thou I Ching I Ching I proposition I Thou I Thou relationshipIaIamblichus (philosopher)IbYahya Ibn Adi Yahya Ibn Adi Ibn al Arabi Muhyi al Din Ibn al Arabi Abu Bakr Ibn Bajja Abu Bakr Ibn Bājja Abu Bakr Muhammad Ibn Yahya Ibn as Say igh… …   Wikipedia

  • Jurisprudence — For the jurisprudence of courts, see Case law. Philosophers of law ask what is law? and what should it be? Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists (including legal philosophers and social… …   Wikipedia

  • List of philosophers born in the nineteenth century — Philosophers born in the nineteenth century (and others important in the history of philosophy) , listed alphabetically::: Note: This list has a minimal criteria for inclusion and the relevance to philosophy of some individuals on the list is… …   Wikipedia

  • List of philosophers (I-Q) — Philosophers (and others important in the history of philosophy) , listed alphabetically::: Note: This list has a minimal criteria for inclusion and the relevance to philosophy of some individuals on the list is disputed. List of philosophers: (A …   Wikipedia

  • Filósofos (I-Q) — Anexo:Filósofos (I Q) Saltar a navegación, búsqueda Filósofos (y otros relevantes en la historia de la filosofía), ordenados en forma alfabética: Nota: esta lista posee un criterio para su inclusión relativamente bajo, por ello la relevancia para …   Wikipedia Español

  • Anexo:Filósofos (I-Q) — Se está realizando una consulta de borrado para decidir qué hacer con este anexo. Puedes editarlo, pero no quites este mensaje. Los pasos del proceso de borrado se describen aquí. Si quieres participar en la argumentación, consulta los argumentos …   Wikipedia Español


Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”

We are using cookies for the best presentation of our site. Continuing to use this site, you agree with this.