The Concept of Legal Motivation
The Concept of Legal Motivation
Author(s): Julia StanekSubject(s): Social Sciences, Law, Constitution, Jurisprudence, Psychology, Sociology, Philosophy of Law, Sociology of Law
Published by: Oficyna Wydawnicza AFM Uniwersytetu Andrzeja Frycza Modrzewskiego w Krakowie
Keywords: legal theory; legal motivation; intuition; emotions; representations;
Summary/Abstract: Understanding the motivational effect of the law and its mechanism is crucial for examining the impact of law on individual’s behavior in society. In this paper a novel approach towards legal motivation is proposed. For this aim, the author first introduce the approach to motivation in psychology and law. In the following section the concept of legal motivation is outlined. The basic elements of the concept are analyzed, in particular representations and emotions. The proposed approach distinguishes between intuitive and positive legal motivation. Distinction of legal motivation is based on the possession or lack of representation of normative facts. The concept of legal motivation proposed in the this paper allows adopting a broader perspective on the motivational effect of law.
Journal: Studia Prawnicze: rozprawy i materiały
- Issue Year: 33/2023
- Issue No: 2
- Page Range: 9-33
- Page Count: 25
- Language: English