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- Title
Eugen Ehrlich - zakladatel právní sociologie.
- Authors
Osina, Petr
- Abstract
The aim of the article is to introduce the important Austrian lawyer and Roman law teacher Eugen Ehrlich. In the introductory part, the author deals in detail with the main events of Ehrlich's life, in which he presents the most important stage of his work at the Franz Josef University in Czernowitz. The next part focuses on the analysis of the basic elements of Eugen Ehrlich's sociological conception. In Fundamentals of the Sociology of Law, Ehrlich identified three types or sources of law - state law, lawyers' law, and social law. This is followed by a passage devoted to the concept of living law and its role in the operation of law in society. Living law is a system of rules that governs life itself, even if it has not been established in law. Ehrlich's sociology of law did not call into question the legal validity of state law if it accepted the possibility of confronting it with living law or the law of lawyers. The next part of the article analyzes the critical remarks made by another Austrian lawyer, Hans Kelsen, on Ehrlich's theory. The last part focuses on the role of public interest in the context of law. For Ehrlich, legal norms were not inanimate constructions that existed independently of social reality. They were part of a functioning order of social communication that protects certain interests preferred by society and discriminates against those interests that society does not approve of.
- Subjects
LEGAL norms; SOCIOLOGICAL jurisprudence; PUBLIC interest law; ROMAN law; LAW teachers; KELSEN, Hans, 1881-1973; SOCIAL reality; LEGAL ethics
- Publication
Pravnik, 2022, Vol 161, Issue 5, p411
- ISSN
0231-6625
- Publication type
Article