Montesquieu and Sociological Jurisprudence

Law: A Tool for Measuring Human Conduct and Socialization

“…Accordingly, Ehrlich saw law as being all social control mechanisms and regarded it more as a theory of social control by the forces of society. Ehrlich's (1916), concept of law differs from other jurists, theorists of law and society and jurisprudence in that as the others perceived of law as a body or authoritative rules and decisions, Ehrlich conceived of it as the legal order dictated by the relations making up the legal order, the body of norms of conduct and the functional legal precepts. His approach relied on the legal order made up of the body of norms of decision to the inner order of associations and relations making up society (Pound, 1943).…”

“…Social forces, and not the rule of law, therefore dictate the legal order of societal institutions. Most sociologists in their attempt to decipher what law is concentrates only on the rule of law and not the legal order resulting from the workings of social forces (Ehrlich, 1916). The myth surrounding what law is and ought to be and the foundations thereof could therefore be more complete if socio-legal theorists attended to the forces of society creating the legal order in addition to the components and sources of the rule of law.…”

“…Since this social contract was the same everywhere on earth it follows therefore that natural law was the same everywhere and formed the basis of municipal law. A departure of the municipal law from the principles of natural law destined a miscarriage of justice (Ehrlich, 1916). Natural law theorists however failed to state what really constitute law or as in their case natural law but rather attempted at giving a not too clear description of what natural law is.…”

A Vision of Social‐Legal Change: Rescuing Ehrlich from “Living Law”. Eugen. Ehrlich. 1936. Fundamental Principles of the Sociology of Law. Trans. Walter L. Moll. Cambridge, MA: Harvard University Press. Pp. xxxvi + 541. Originally published in German, 1913.

“…“Laws should be so appropriate to the people for whom they are made that it is very unlikely that the laws of one nation can suit another” (8). Law and society are causally interdependent: “law is shaped by society and shapes it at the same time” (Ehrlich 1916, 586).…”

“…In an essay paying homage to Montesquieu, Ehrlich (1916) emphasized, “As law is essentially a form of social life, it cannot be explained scientifically otherwise than by the workings of social forces” (584). Ehrlich then outlined his own view:…”