Ehrlich's Interpretation Of "living Law"

In the late 19 th century,the western society developed monopoly capitalism,rapid economic development and social system reform.In this era,Ehrlich launched a study on the theory of "living law".At the same time,Ehrlich's hometown is composed of ethnic minorities,and it is kept stable and orderly by the internal rules of society.This provides a good geographical environment for the generation of "living law theory".Ehrlich through to the other law ideological criticism and learning,and gradually realize the importance of social law,realize the importance of national consciousness,on the basis of constantly enrich to perfect the theory of "life-style."The theory of living law" is rich in connotation and is generated in the internal order of society.It can also be the basis of legal decision,and it can produce different applicable standards with the change of regional environment.The theory of "living law" has the property of reflecting the change of social structure and economic system,and it is fully expressed through legal and non-legal norms."The theory of living law" has also shown some shortcomings in opening up new ways of legal research in China.For example,the concept of law is vague,the tendency of daydreaming and the view of justice are flawed.But "play" thinking still plays an important role in China's rule of law and social development,to update on the basis of traditional legal consciousness,strengthening and the relevance of national law,scientific guiding the judicial practice.Through this article,I hope to appreciate the spiritual connotation of "living law theory",and make a modest contribution to the related research of "the theory of living law".