Taking into account of psychological factors which apply to enforcement or to violation of the law in the legislative activities

Abstract

One of the main criteria of the law quality is its ability to create a system of rules of conduct in real people’s life. For this purpose the rule must be adopted by them. This increases the relevance of a research of psycho-emotional processes which motivate people to choose behavior patterns within the normative-regulated rule.

After reviewing the issue in decision-making theory context, and in particular, in it’s emotional and rational research approaches, the following conclusion has been formulated: while choosing a behavior model people are guided by socially accepted standards and norms. They are inclined to regard such behavior as law-abiding. Despite the fact that the decision of a behavioral model choice is taken emotionally, emotion itself is rational rather than chaotic phenomenon.

Emotion, in essence, is a phenomenon that in general reflects conclusions from life experience events that a person accumulates in the process of socialization. Accordingly, when forming a model of behavior, a person is oriented not to the content of the law, but towards legal events, triggered by it. And particularly important are the actions of the primary executor of the act. These actions shape the first wave of legal events for the social group to be oriented to.

The psychological factors of a person's decision how to comply with a legal requirement may be predicted during legislative activity. This opens up the possibility of adjusting requirement details in order to increase the law quality up to the point, when it becomes a regulatory rule in their real life. In particular, the following factors may be taken into account: education, religious and social beliefs, major events, recently occurred in a social group, and the predominant reactions to these events