The influence of psychoanalysis on the state-legal views of M.A. Reisner and A. A. Ehrenzweig: a comparative analysis of ideas

The subject of the research in the article is approaches to the integration of ideas, concepts and theoretical constructions of S. Freud's psychoanalysis into jurisprudence, which are proposed in the works of the soviet lawyer and public figure M.A. Reisner (who was one of the brightest representatives of the brief period of soviet freudo-marxism) and the american jurist A. A. Ehrenzweig (author of a number of works on psychoanalytic jurisprudence). Special attention is paid in the article to the significance for the legal theory and practice of the doctrine of S. Freud is about the unconscious processes taking place in the human psyche, which to a significant extent form both an individual and the culture of peoples. The similarity of the authors' approaches to understanding the role of the unconscious principles of the human psyche in motivating people's behavior, as well as to understanding the processes of the genesis of law and the state, is shown. Along with this, fundamental differences in the concepts of soviet and american scientists are revealed, demonstrating the vulnerability of the position of M.A. Reisner, for whom (unlike A.A. Ehrenzweig) the subject of law is a social class, not an individual. It is shown that M.A. Reisner in his psychological interpretation of law replaces psychology with class ideology. The conclusion is substantiated that it is necessary to involve the ideas of psychoanalysis in jurisprudence for a deeper understanding of the nature of man as a subject of law.

Reisner, Ehrenzweig, law, psychoanalysis, Freud, the unconscious, freudo-marxism, psychoanalytic jurisprudence, ideology, jurisprudence