A Probe Into The Ideology Of Ehrlich 's Sociology

The human’s cognition of the law has undergone some changes from religious notion to the rational notion and then to the country notion and finally to the current social notion such a process, which is a constantly rational and deepening cognitive process of the law. As for the high-profile social notion of law currently, it reflects the more profound human’s cognition of the law, and based on this kind notion of law, to some extent, the law is irrelevant to religion, irrelevant to ration;Also in a great extent, it has nothing to do with the national law, law is the thing of the society.Social notion of the law is basic point of view which is held by sociological school of law.When it comes to sociological jurisprudence,we must discuss Eugen Ehrlich.As the founder of sociological jurisprudence, Ehrlich contributes a lot to the birth and development of the sociology of law,his excellent work 《fundamental principles of the sociology of law》 is immortal classic in the field of law sociology.Ehrlich introduces the theories and methods of sociology to law study, broadening the vision of the jurisprudence, updated the research methods of the jurisprudence, which is seen as his excellent and eternal contribution to the legal research.In my opinion, Ehrlich’s greatest contribution lies in that he has created and developed a most pure and radical sociology of law.This thesis is based on the text interpretations of Ehrlich’s masterpiece 《fundamental principles of the sociology of law》, through the interpretations and combs of the text and combined with other theories and Chinese context,the author attempts to explore Ehrlich’s thoughts of sociology of law and tries to present objective and detailed Ehrlich’s thoughts of sociology of law as a whole.In this thesis, besides introduction and conclusion part, the text is divided into four parts to write.The first part mainly inspects the social and historical background and thoughts origin of Ehrlich’s law sociology thought theories, this part mainly discuss about Ehrlich as a legal person in a particular space and time, reality demands and response theories, reference for utilization and critical inheritance such three aspects.The second part is the core part of this thesis, emphatically combing and expounding the main content of Ehrlich’s law sociology thoughts.This part perspectives Ehrlich thoughts and theories of sociology of law respectively from the theory of ontology, value and methodology, society four aspects.The third part is mainly to explore the historical materialism thoughts in Ehrlich’s sociological theories of law, in order to explain Ehrlich’s inheritance and development to the notion of historical materialism to some extent, and based on this review,to survey the scientificity of Ehrlich’s law sociology thoughts.The fourth part puts the laws of the Chinese context in the perspective of Ehrlich’s sociological law notion,which are inspected and reviewed respectively from two aspects of historical culture and regional ethnic,reflects on the "own" law of China.The innovations of this thesis is mainly manifested in the following several aspects:first, in the introduction part of foreign and domestic research status, compared with the previous related theme works,the author adds more novel, rich and detailed materials. Secondly, in regard to the produce of Ehrlich law sociology thoughts, the author inspects Ehrlich with a separate section. Family background, knowledge structure, cultural level, religious belief, life situation, living environment, social experience, professional resume have a crucial impact on Ehrlich’s thought of sociology of law.Third, when discussing the thought theory origins of Ehrlich’s law sociology, the author introduces Gierke’s theory of social association which Ehrlich rather appreciated.Ehrlich sublates Gierke’s social association theory and puts forward the concept of his unique social association, this concept constitutes the most core concept of 《fundamental principles of the sociology of law》.fourthly, the author in the fourth chapter of this thesis tries to explore the historical materialism thoughts in Ehrlich’s theories of sociology of law.Ehrlich emphasizes that legal order, legal relationship, living law are the results of social law facts and law depends on the social and economic conditions;And historical materialism emphasizes that the social existence determines social consciousness, the economic base determines the superstructure,based on the basic philosophy, the society and economy determine the law;This delicate relationship between them forms the main motivation of the author to survey the historical materialism thoughts in Ehrlich’s theories of sociology of law.Fifthly, in the fifth chapter of this thesis, the author briefly surveys the law in the context of China based on Ehrlich’s law sociology, this survey contains not only the inspection of the society and law of China’s ethnic minority areas,but also the inspection of the society and law of the ancient Chinese han nationality areas controlled by the Confucian culture in the history,and the inspection benefits to survey "China’s own" law with a more objective and fair view. In view of the exploratory and tentative writing in he fourth chapter and fifth chapter, the defects are possibly hard to avoid.