The problem of legal interpretation in the context of Leon Petrazycki's legal theory

In this study first the psychological theory, dealing with the law with its psychological and sociological dimensions, is discussed. In the first part of the study, the psychic factual dimension of law is examined and in this context, particularly the scientific methods that Petrazycki considers suitable for studying psychic phenomena are mentioned. In addition, the qualities that Petrazycki foresees in order to form a scientific theory about a phenomenon are evaluated together with the concept of 'scientific adequate theory' and, the psychological theory that treats law as a type of ethical impulse, put forward by Petrazycki with the claim of creating a theory of law in accordance with these qualities, is examined. Within this framework, the differences of law from morality, which is another type of ethical impulse, and the types of law are mentioned, and the distinction between positive law and intuitive law, which constitutes the backbone of psychological theory, is presented. Afterwards, under the heading of sociological dimension of Petrazycki's theory, the tendencies of law, its social functions and the two-sided relationship of law with society are examined. Also in this section, it is determined that Petrazycki's theory is a theory of legal pluralism, and the possible relationship forms between different types of law are evaluated within the scope of legal interpretation in the next section. In the third part of the study, the aim is to build a theory of interpretation based on the psychological theory of law and to ground the claim that such a theory of interpretation can open up space for weak social groups to influence the legal system. For this purpose, the narrow and broad meanings of legal interpretation are determined in the context of psychological theory and what legal interpretation means in a broad sense is evaluated together with the psychic and sociological dimensions of the psychological theory of law discussed in the previous sections. Finally, in this section, Scottish criminal law practices and the decisions of The High Court of Justiciary in which declaratory power is used, which we describe as a practical examples of interpretive activity in a broad sense in the context of psychological theory, are examined. Thus, the potential of the interpretation theory in question is demonstrated with practical examples.