Sociology of Law. Apropos Moll's Translation of Eugen Ehrlich's Grundlegung der Soziologie des Rechts

Rheinstein, Max

doi:10.1086/208443

Cited by 5 publications

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“…Ehrlich was criticised by sociologists as much as by legal theorists and political philosophers. For instance, Rheinstein () criticised Ehrlich's confusion of law with custom, and his reduction of legal science to sociology, and prudence to popular sentiment. More significantly, Ehrlich's sociological method as a basis of a general theory of law was ignored by Weber, who established his sociology of law by using common jurisprudential concepts of law, legal norms and sanctions or the relationship of law, the modern state and legal legitimacy.…”

Section: Is Ehrlich Having the Last Laugh? Radicalising The Sociologimentioning

confidence: 99%

Asking the Sovereignty Question in Global Legal Pluralism: From “Weak” Jurisprudence to “Strong” Socio‐Legal Theories of Constitutional Power Operations

Priban

2015

Ratio Juris

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The article examines recent theories of legal and constitutional pluralism, especially their adoption of sociological perspectives and criticisms of the concept of sovereignty. The author argues that John Griffiths's original dichotomy of "weak" and "strong" pluralism has to be reassessed because "weak" jurisprudential theories contain useful sociological analyses of the internal differentiation and operations of specific legal orders, their overlapping, parallel validity and collisions in global society. Using the sociological methodology of legal pluralism theories and critically elaborating on Teubner's societal constitutionalism, the author subsequently reformulates the question of sovereignty as a sociological problem of complex power operations communicated through the constitutional state's organization and reconfigured within the global legal and political framework.Theories of legal pluralism are commonly perceived as critical of the very concept of sovereignty because the plurality of legal orders and regimes indicates the absence of the ultimate rule of recognition, decision-making power or the basic norm. They are equally critical of state law as a supreme legal order backed by political deliberation and decision-making, and emphasise the role of non-state legal orders, agents and organisations. Pluralistic perspectives have been adopted by mainstream jurisprudence and the discourse of legal pluralism is thus currently typical of the differentiation between the "weak" juristic concept of legal pluralism drawing on the state legal systems and the "strong" concept of legal pluralism drawing on sociological and anthropological perspectives of law (Griffiths 1986, 5-8).In this article, therefore, I pursue the goal of analysing transformations of state sovereignty in global society by critically examining theories of legal and constitutional pluralism. In the first two sections, I establish the connection between legal globalisation and theories of legal pluralism, and discuss MacCormick and Walker's theories of legal and constitutional pluralism especially in the EU context. bs_bs_banner

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Section: Is Ehrlich Having the Last Laugh? Radicalising The Sociologimentioning

confidence: 99%

Asking the Sovereignty Question in Global Legal Pluralism: From “Weak” Jurisprudence to “Strong” Socio‐Legal Theories of Constitutional Power Operations

Priban

2015

Ratio Juris

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“…A sociologically oriented American jurist, Max Rheinstein (editor of an English‐language collection of Max Weber's sociology of law), likewise objected that Ehrlich's living law confusingly encompasses customs, usages, and traditions that “would not be laws in a legal sense” (1938, 234).…”

Section: The Conceptual Flaw Of “Living Law”mentioning

confidence: 99%

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.

Tamanaha¹

2011

Law soc. inq.

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The hundredth anniversary of the original publication of Eugen Ehrlich's Fundamental Principles of the Sociology of Law is nearly upon us. The book earned high praise from Oliver Wendell Holmes, Roscoe Pound, and Karl Llewellyn as one of the outstanding works of its time. Ehrlich has been identified as an early legal realist, a pioneering figure in legal sociology, and a leading theorist of legal pluralism. In this retrospective review, I explain the strengths and weaknesses of this classic book. Ehrlich articulated an unsurpassed account of dynamic social‐legal change, an account that remains fresh and timely today.

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“…In terms of legal practice, he argued, it was misleading to reduce legal science to sociology. Whilst legal sociology can be of assistance to judges, questions of justice involve matters of political prudence which do not and often should not coincide with popular sentiment (Rheinstein, 1938).…”

Section: Contextualisation De-contextualisation and Re-contextualisamentioning

confidence: 99%

“…It is the statement not of a scientific truth but of a political postulate. Nevertheless, Ehrlich’s work occupies ‘a high rank in legal sociology’ (Rheinstein, 1938, pp. 238–9).…”

Section: Contextualisation De-contextualisation and Re-contextualisamentioning

confidence: 99%

An e-mail from Global Bukowina

Nelken

2007

International Journal of Law in Context

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This paper uses Teubner’s reinterpretation of Ehrlich’s idea of ‘living law’ in his paper on ‘Global Bukowina’ as a test case of what is involved in making a classical author speak to current issues. It argues that interpretation is a form of appropriation and that the process of re-contextualising ideas involves an unstable compromise between establishing what an author meant and what an author means.

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Sociology of Law. Apropos Moll's Translation of Eugen Ehrlich's Grundlegung der Soziologie des Rechts

Cited by 5 publications

References 0 publications

Asking the Sovereignty Question in Global Legal Pluralism: From “Weak” Jurisprudence to “Strong” Socio‐Legal Theories of Constitutional Power Operations

Asking the Sovereignty Question in Global Legal Pluralism: From “Weak” Jurisprudence to “Strong” Socio‐Legal Theories of Constitutional Power Operations

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.

An e-mail from Global Bukowina

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