Ehrlich's "living Law" Theory And Its Enlightenment To Contemporary China

At the end of nineteenth Century and early twentieth Century,European society changed fierce.But researchers of jurisprudence still do law review works based of the law;didn't pay attention to social development and the real life of people.In order to change the state at that time,Ehrlich put forward that the law should take the society as the object of study,and called it "the sociology of law"".Ehrlich's theory mainly focused on the book of "Fundamental Principles of the Sociology of Law",and "living law" proposed in the book theory had profound influence on the study of the sociology of law.The writer is based on the book to restore the real "living law" theory from Ehrlich's social and historical background.On the perspective of legal ontology and methodology of jurisprudence,the writer also analysis the connotation of "living law"theory and its rationality and defect.Besides,find more enlightenment of legislative and judicial activities on the process of constructing the rule of Chinese law by analyzing the "living law" theory.