Eugen Ehrlich's "living Law" Theory And Its Significance

The western capitalist countries at the end of the nineteenth Century universalentered into the stage of monopoly capitalism, social life changes rapidly, the legalnorms of old has been difficult to adapt to the requirements of the new era of economiclife, the people to the new order and new ideas are eagerly looking forward to when,Ehrlich from the sociological angle of view to re-examine the legal problems, putforward the theory of "living law", this is not only the innovation of legal theory,innovation is the essence of legal methods, the basic theory of the sociology of lawembodied in the "principle" in a book.In this paper, the author firstly on authors and works are introduced to enablereaders to understand the basic situation of the sociology of law "principle" of a book.Then the historical background and theoretical origin of Ehrlich s theory of descriptions,historical specificity to grasp the ideological production. Then in the view and methodon Ehrlich, a step by step way eventually to reveal the true meaning of "living law"theory, as well as the legal theory of the merits and defects of the evaluation, so that wecan keep the objective and rational attitude to it. Finally discussed the "living law" onthe enlightenment to China’s construction of the rule of law. Combing through thewritings of Ehrlich hopes to be able to grasp the "living law" theory of spirit, also hopethat this effort to restore Ehrlich’s Sociology of law plays some role in supportingcomplete thoughts.