Ehrlich's "living Law" Theory And Its Contemporary Revelation

Human exist in a variety of social association,and they reciprocally interwoven and make up the human society.Law is the inner order of all the complex society and its various forms,such as contract,habits,ethics,and so on,these regulation are collectively called “ living law ” that don't possess the form of enacted law,but profoundly influence human's daily life.It come from oneself of society and produce substantial results by oneself of society.As a matter of fact,law that is enacted by state organs is just a part of system of social regulation,however,because concept of state-center have rapidly expanded in the practice of rule of law in the modern society that rationalization has become a pivotal characteristic,state mighty control every aspect of the society,and the value of law was immortally exaggerated.because of especial culture tradition and historical background,the concept of state-center is more obvious,and it has become a significant problem concerning our career rule of law,therefore,we need the theory of “living law”.The theory's value of “living law” is that help us to explore valuable resource of rule of law,to promote the modernization of state's governing system and ability.