Historical types of law

pp. 49-70

in: Marko Novák, The type theory of law, Berlin, Springer, 2016

Abstract

In a similar manner to the case of comparative law, I discuss the role of psychological typology in terms of legal history in the course of which different type models of law have been established depending on a particular psychological typology that was predominant at a certain time. These historical types express how the cognitive functions of individuals have contributed to law creation and application in history. These Jungian individual psychological typologies can be translated into collective psychological typologies, as previously done by Weber. On the basis of cognitive functions (intuition, sensation, thinking, and feeling) being collectively predominant at a certain time I have developed general and specific historical types of law such as religious law (mystical and theological), traditional law (imperial and customary), logical law (casuistic and systematic) and harmonious law.