ABSTRACT
Law and Morality is an abridgment of two of Leon Petrazycki's fundamental works: it consists of seven chapters taken from his Introduction to the Study of Law and Morality, published in 1905, and twenty-two chapters from his Theory of Law and State in Connection With a Theory of Morality, published in 1907. As societies evolve, their legal systems are characterized by greater positivity, which means that there is a more conscious and deliberate decision to make, select, validate and change the legal rules. In sum, for Luhmann legal evolution leads to positive law, while for Petrazycki it produces intuitive law. This chapter discusses Petrazycki's ideas about how intuitive law sometimes supplements but usually contradicts positive law. In analyzing the socio-psychic nature, and operations, of intuitive legal rules, Petrazycki formulates his theory of law around five conceptual themes: antiformalism, imperative-attributive legal relationships, law's functional control, law's subjective reality and morality.
