On Ehrlich's Theory Of Living Law

Since the end of the 19th century, the main western capitalism societies enter from free capitalism to monopolizing capitalism namely as imperialism stage .The change of the society and economy cause an urgent consciousness of innovation that study law in society and sociology further. Then, Ehrlich's theory of living law emerges under the impulse of society. It is effected by current ethos especially Durkheim's sociology theory; on the other hand, it criticizes, inherits and develops ideas of the historical school of law especially Savigny.Ehrlich is generally accepted as a producer of the sociology of law according to his idea about the concept and the source of law different from tradition. He neither considers law as reasonableness or fair justice of humankind like Classical Natural Law nor the order of dominion or criterion system like Positivism. Ehrlich put forward a famous proposition of the sociology of law that the center of gravity of legal development lies in society itself. He says that in the process of the development of law, the function of the state and legislation is so limited that the state law is only a few, on the contrary, society itself with its order just is determinant. Though not in legislation, the social order controls the whole social activities, which is living law like prejudications, customs and folk contracts. Compared with the"Law in action"by American jurists or the concept of law by Anthropologist of law, the living law has communicating meaning and shows the dissimilarities.The theory of living law is a breakthrough and renovation to traditional theories and thoughts of law. It shows us a brand-new angle of view, idea and method, usually bringing concomitant progress in investigation and construction of law. Current concerns on folk law then communicating state law and folk law are exceeding living law in a sense.