Although the psychological approach to understanding law is rather difficult to perceive, it cannot be considered divorced from life. Its practical significance lies in the fact that psychological factors, including social psychology, must be taken into account when adopting new norms of law and acts, and when applying the law, and the individual psychology of a person. The psychological factor affects the motivation of actions of people, and the perception of the rule of law impacts their implementation. In accordance with this approach, the law is not reality, it is only a complex of human experiences, and rights and obligations do not exist in reality, but in the mind of the one who is currently experiencing specific legal feelings and thoughts (Saks & Spellman, 2016). Hence, law is understood as a psychological factor in social life and acts only psychologically.
It seems rational to claim that, in essence, the crucial dilemma within the scope of understanding law through the psychological perspective is one of the common good and individual rights. From the above discussion, the described approach implies that a person’s legal interests should be considered as the main foundation for any legal aspect. Such a claim might be reasonable, but when it comes to particular cases, there are some dilemmas. For example, when one commits a crime against humanity and does not want to reveal his or her private messaging with individuals preparing for the next catastrophe, common good and privacy clash. For the entire world, it is necessary to hack the messaging and save many lives; however, the person’s privacy right will be violated in this situation. Another example is when freedom of movement is restricted in order not to allow the spread of Covid-19.
Reference
Saks, M. J., & Spellman, B. A. (2016). The psychological foundations of evidence law. NYU Press.