Eugen Ehrlich (1862-1922) was a prominent legal sociologist and one of the pioneers of the sociological jurisprudence school. His work emphasized the importance of societal customs and norms in the understanding and application of law.
Living Law Concept
Ehrlich is best known for his concept of “living law,” which he introduced in his seminal work, “Fundamental Principles of the Sociology of Law.” According to Ehrlich, the living law is the law that is actually lived and practiced by people in their daily lives. It represents the norms, customs, and practices that regulate social relationships and are generally accepted and followed by members of a community.
Ehrlich argued that the living law is more influential and pertinent in most people’s lives than state-made law. He posited that it is within the fabric of society, rather than the statutes and case law, where the most vital and effective legal norms can be found.
Law Beyond State’s Control
Ehrlich’s view of law challenged the traditional perspective that law is exclusively a product of the state. He argued that legal norms often originate from society itself and exist independently of state legislation or judicial decisions.
In Ehrlich’s view, the state does not have a monopoly over the creation or enforcement of law. Instead, law emerges from social interactions and is shaped by cultural, economic, and political factors. This perspective broadens the scope of legal studies to include not only formal legal rules but also informal social norms and practices.
Free Law Movement
Ehrlich’s ideas significantly influenced the Free Law Movement, which emerged in Germany in the early 20th century. This movement advocated for judicial freedom in interpreting and creating law, emphasizing the importance of societal realities and needs over rigid adherence to legal codes.
The Free Law Movement, inspired by Ehrlich’s living law concept, sought to align law more closely with social realities and advocated for a more flexible, adaptable approach to legal interpretation and decision-making. This movement had a significant influence on legal thought, particularly in areas such as the sociology of law, legal realism, and critical legal studies.
Ehrlich’s sociological approach to law continues to inspire contemporary legal scholars and practitioners, providing a valuable perspective for understanding law in its social context and highlighting the role of societal norms in shaping legal behavior.