Yuliia ForisJunior Scientific Assistant at the Kyiv Scientific-Research Institute of Judicial Expertise
Published in the scientific-practical journal “Ukrainian Law” - № 2. - 1999.
The goal of this article is to acquaint the reader with the possibilities of using the achievements of another science to resolve the issues if law (jurisprudence of the whole). Here, the authors of this article envisaged that the reader has some understanding of the recipient science but is not very familiar with the donor science. Therefore, it is expedient to begin this introduction with the juxtaposition of the subject.
What is law? In essence, law is human freedom and not simply any type of freedom but rather freedom that is specifically determined and secured. The actual sphere of a social individual's freedom expresses itself in different legal phenomena such as norms of law, rights and obligations, legal principles, legal relations, etc. In a normative sense, the law is a system of specific social norms. The norms of law are a model of the legal interrelation of parties whose specificity is to secure certain possible actions of some parties by the relevant actions of others. Different social parties enjoy different possibilities to recognize the objective conditions of their lives, to act on that basis, therefore, society develops different mechanisms which though their specific qualities, fosters the implementation of individuals' freedoms or counteracts the outbreaks of willfulness (customs, morality, religion, juridical law, political norms, etc.) .
Thus, to regulate the bounds of an individual's social freedoms through legal means, it is necessary to know the particularities of social parties which are conditioned by their different capacity to recognize the objective conditions of their lives and to act on that basis. Information serves as the medium of a person's recognition of the objective conditions of live.
Socionics studies the very diversity of the structure and mechanism of the processing of information by the human psyche and the social psyche of society in the process of interaction with the outside world. This operates foremost with the structures of both the individual and social psyche [1-9, 11].1
Socionics studies subject matter which is regulated by law. The subjects studied by socionics and legal science are two sides of the same coin called social relations. However, in contrast from other sciences that study social relations, or the individual, or information, etc., socionics sciences have a new, personal sphere of scholarly knowledge which can intertwine or border with other ones, but which has a fundamentally new foundation. This sphere of scholarly and practical knowledge (socionics studies) combines in itself, on the basis of basically new scholarly premises, different spheres of human knowledge about information, human psychology, etc., within the bounds that pertain to the first two.
The spheres of socionics and jurisprudence do intersect and the intersecting areas make up whole fields of their interpretation. Specifically, "judicial socionics" belongs to these fields if we are to term it by analogy. In this sphere of joint legal and socionics knowledge lies the specifically, the issue of identification of an individual, the determination of the number of individuals involved in an activity, etc.
Does law, however, belong to such joint spheres?
The authors of this articles believe that law belongs to the sphere of applying socionics as a research instrument. At the same time, socionics knowledge about a human being and information, in its aggregate, can and must be adapted and used in law as a regulator of social relations. Thus, the joint study of law and the structure and mechanism of the psyche will provide a new scientific direction which, for purposes of abbreviation, can be called "justicionics" (a blend of "justice" and "socionics") because justice is fairness and to justly resolve the issues related to the establishment of the limit of an individual's social freedom, it is necessary to have socionics knowledge. Justicionics is a scientific direction of studying the correlation of law with the structure and mechanism of the functioning of the human psyche. On the one hand, this is a special legal science and, on the other hand, it is direction in socionics.
Let us consider some socionics provisions in greater detail so that the reader can form a certain idea about it.
What is the physics? The psyche is the human factor responsible for information interaction with the outside environment, as opposed to the body which is responsible for energy and substance. Therefore, the approach to studying the psyche against the background of information is not new. But what is new is:
- the study of the correlation of the psyche and information (rather than a separate study of them) (informational metabolism);
- adequate methods obtained due to combining methods of social and natural sciences on a necessary level.
Socionics numbers 16 different types pertaining to the structure and mechanism of the functioning of the psyche, which are entitled "type of informational metabolism" (TIM). The mechanism of the functioning of the psyche is the metabolism of information, that is, this is the aggregate of the results of those processes that take place in the psyche, the embodiment of these results in information both inside and outside of the psyche.
The key advantageous place of socionics in compression with psychology is in utilizing cybernetics instrumentation. It provides socionics with the possibility to theoretically substantiate and differentiate between the types of informational metabolism of specific parties — individuals or their non-random groups connected with a common goal. If we, let us say, study the TIM of the population of a country and compare it by applying specific methodology with the results of the informational metabolism of legislators (laws), then we can determine whether the law in question is suitable for the population of that particural country, that is, determine the risk of violation the law. This is, on the one hand, legal sociology and, on the other hand, criminology. This, however, is not the only method of using the knowledge gained with the help of socionics. The authors of this article have already mentioned judicial socionics. "Justicionics", however, is something different from these two things. It is one thing to compare the results of informational metabolism with something, yet it is quite another thing to touch on legal methods of establishing the structure of laws, the structure of state bodies etc., without touching on legal methods regarding the content of norms. This is not the review of something already established for its correspondence to something else, nor is it forecasting, nor modeling, nor the establishment of a "frame" of this correlation. This is the establishment of an efficient analogy to the human in the structure which is being formed. The state body is tied with some common goal for which it is establishment. It has to act as one person and have a certain TIM, and it has to be in a format which is accessible, first, for the population of the country on the whole and, second, for the staffers of this body. This will make the body adequate for the goal that is was established for and effective. Therefore, in the section of legislation which deals with bodies, enterprises and any parties of law in general, socionics must become as instrument of legislators, the authors of codes, etc. In addition, a normative act itself regulates some legal relations between parties of law: it is not only an instrument used to check the adequateness of reckoning with inter-TIM relations, that is, an instrument to check juridical socionics sociology. This is also an instrument used to check the actions of parties, that is, taking into account all aspects of the informational flow studied by socionics. This means that there may be a situation when different aspects of one and the same action are regulated by different norms in different ways.
With the help of socionics, we can establish a model of a law, contract or any normative act. Where there is an imperative method of regulation, it is better not to apply socionics models. Branches of law such as administrative law, financial law and other ones with administrative methods do not require the establishment of models because the economic content of these norms depends on real conditions in life and the legal format should be as clear as possible to the average citizen. They do not function to foster the implementation of an individual's freedom. These norms most often secure the state's adherence to its functions. However, where there are optional norms in effect and where the norms function to foster the implementation of freedom, then socionics models may become handy because socionics is a necessary instrument to measure the bounds of possible functioning of the social psyche. Thus, it is able to be used for the development of the development of the most expedient legal norms which will serve as the basis for other norms of lesser legal force but with more concrete and possible options for an individual's will. Thus, socionics is most effectively used when:
- laws on any party of the law;
- model contracts and contract descriptions in legislation;
- provisions on parties of the law, etc.;
- reviewing for the investigation and the court:
- the connection of the party to one or another TIM (specifically, such individuals as Chykotylo would be easier to count within a certain number of people);
- the connection of a party's actions, his or her behavior to a specific TIM;
- the connection or relations between parties to certain intertype relations (specifically in some cases, this would help reveal the number of acting parties), etc.
Another important sphere is the practical application of juridical and legal procedure taking into account the mentality of the existing ethnic community, habits of "resolving cases". You can have a wonderful constitution (for instance, Stalin's constitution) and good laws. However, if there are "blank spots" in their application, then this application can be resolved in a negative way due to the lack of taking into account other informational aspects. Thus, the constitution of the USSR prepared by M. Bukharin did not save either him or others from violence. This was due to its declarative nature, it lacked some aspects that would have prevented total terror in the zone of the "blank spots" of the constitution and other laws. Another example is the Ukraine Constitution and effective legislation – the bulk of it is highly assessed by international law experts. However, the utilization of this legislation under concrete Ukrainian (Russian, Belarussian, Kazakh, etc.) realities and mentality is purely formal because the practical mechanism for implementing these laws has s great number of "blank spots" under conditions where there is a lack of such mechanisms, regulations, etc., whose semantics belong to integral informational aspects which are not regulated by set traditions. The legislation of western countries as a formal, fully-aware law is underpinned by informal rules, habits and procedures of western ethnic communities which are formed from childhood and are actually subconscious aspects of law. Therefore, the established legal system functions as a model of social consciousness that leans on social subconsciousness, and this is described by socionics methods as a coherent structure of functioning of one of the integral types of informational metabolism.
The mechanical adoption of the analogies of western legislation in Ukraine, without considering the mentality and traditional juridical, judicial and other practices, will form a fragmented legal consciousness, cut off from social subconsciousness and thus being less effective than it should be.
It is socionics itself that makes it easier to resolve such a task.
That is why this sphere is closely tied with the sphere of legal comparison, which is relatively new direction in the system of legal science. On the other hand, it is to a certain degree related to legal sociology. Obviously, if ethnic mentality is ignored when legislation is drafted, it can lead to mass violations of law, that is, to a general increase of crime in society.
We can find many other spheres of applying socionics in jurisprudence, but in law, only justicionics can be applied since it should be a component part of the development of normative acts, and thus, its application is possible at a level of up to 50% of all juridical methodology.
1 - See: Socionics, Mentology and Personality Psychology journal, which has been published by the International Institute of Socionics since 1995. Back to text
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