Behawioralna analiza prawa od Leona Petrażyckiego do Cassa Sunsteina - RADOSŁAW ZYZIK (Autor) (Kraków, 2021)
https://wydawnictwo.ignatianum.edu.pl/behawioralna-analiza-prawa.htm
Monografia naukowa
The purpose of this book is to assess the extent to which Leon Petrażycki’s scientific legal policy can be used to deepen research in the behavioral analysis of law. Petrażycki developed the concept of scientific legal policy as a subdiscipline of legal science that goes beyond the analysis of procedures, rights, and obligations enshrined in statutes. His intention was to initiate the development of a scientific discipline that would draw knowledge from many other fields of study, with the goal of bringing about lasting social change. The first chapter examines Leon Petrażycki’s concept of legal policy. The purpose of this chapter is to highlight the key features of Petrażycki’s theory, that is, to propose a model of it so that the concept can be revisited in the following pages of the book and used in evaluating the behavioral analysis of law. The second chapter provides an introduction to the field of the behavioral analysis of law and will include a discussion of its three main ways of description and interpretation. It will also outline the horizon of analysis within which further deliberations will take place and present a catalog of research challenges. The latter include the need to understand human psychology, to build a better model of decision making, to understand the influence of cultural factors on both psychological sciences and legal systems, to understand the relationship between the activities of the legislator and the ethical development of society, to understand the process of changing social norms under the influence of legal norms, and finally to answer the question of whether law plays a role in the formation of behavioral habits. The third chapter will present the fundamental tasks of the behavioral analysis of law, i.e. the descriptive, prescriptive and normative task. The descriptive task answers the question of what people are like and how they make decisions. The prescriptive task responds to the issue of how to use knowledge about people to change their behavior. The normative task is an attempt to define what kind of goals that the law and legal systems should pursue. The answer to this question is at the same time a presentation of the philosophical position underlying the behavioral analysis of law. The last chapter follows in the footsteps of Leon Petrażycki. Knowing already what the behavioral analysis of law is, and how the science of law was understood by Leon Petrażycki, one can ask whether his ideas, intuitions and hypotheses concerning the role of culture, the significance of the ethical progress of society, and the differences in that progress between different states, can be used today to enrich the reflection in the behavioral analysis of law, which – despite everything – has so far adopted an individualistic perspective. Petrażycki pointed out that the content of ethical and legal norms differs from one society to another, which, in turn, may be reflected in different behavioral patterns, ways of making decisions, or different effectiveness of legal incentives in different countries. Today we know that people think and perceive differently depending on where they live, the culture in which they are immersed, or the education they have received. This research leads us to reflect on the universalization of certain tools of behavioral analysis of law, developed in the wealthy countries of the industrialized West. At the very least, we should consider the need to deepen our understanding of human psychology by taking into account the cultural context in which people live. The purpose of this book, therefore, is to use Leon Petrażycki’s concept of scientific legal policy as a starting point for extending research in the field of behavioral analysis of law to include the issue of the influence of the broadly understood cultural environment on human cognitive mechanisms and on the content of social norms, attitudes, and judgments.
Keywords: nauki o polityce i administracji; language commodification; language policy; politics of language; Russian language; sociolinguistics