On How We Understand the Law and Legal Discipline with the Methodology and from the Viewpoint of Psychology

Abstract

This paper aimed to answer following three questions: （1）what are the psychological methods in studying law,（2）the characteristics of the psychological methodology in studying law, and（3）what would be the idea of law when researchers study law with psychological methodologies. （1） the psychological methodology in studying law is the same as a modern scientific method of psychology, that is a method of systematic observation which was modeled after the methods used in natural sciences. The method of observation contains survey and experiment. The fundamental conception which sustain the observation methods is positivism in which is used widely in the scientific arena. （2） The characteristics of the psychological methodology in studying law is that the methodology presumes how the humans behave actually or how they recognize actually in their social circumstances in which they live. The methodology allows us to understand the legal phenomena which emerge as interactions among humans. （3） From the viewpoint of modern psychology, law can be understood as a special form of the norm. That is, psychology defines norm as “common behavioral formats in a certain group.” Law is very special norm which is thought that is right according to a certain value judgment, which is recognized as that should be widely applied to our society. And in some cases, law is verbalized and approved by an official procedure. In reality, the boarder between law and non-law norm should be always wavering, and what is law should be vacillating as well.