Psychological-typological reading of integral theories of law

pp. 71-97

in: Marko Novák, The type theory of law, Berlin, Springer, 2016

Abstract

Here I elaborate further on what I outlined in Chap.  2, how the different cognitive types influence the existence of different views on what is the question of the nature of law, or legal ontology. It follows due to the legal theorists' different predominant cognitive functions that we deal with different legal ontologies such as positive law and natural law, as well as with more contemporary ones that incorporate inclusive and exclusive positivist and non-positivist outlooks of the essence of law. The main focus is here, however, on the psychological-typological understanding of inclusive legal theories and then in particular the three-dimensional theory of law. It is the cognitive functions of either intuition or sensation as perceptive functions that most often determine the choice of the application of legal principles or legal rules, which can be designated as the dual-perception thesis. On the basis of psychological typology, the processes of law creation and law application could also be analyzed. What follows is an explanation of the importance of intuition in legal decision-making.