Eugen Ehrlich Flashcards
1
Q
What is Ehrlich’s ‘living law’?
A
‘the law that dominates life itself even though it has not been posited in legal propositions’
i.e. Law in practice
2
Q
What are ‘norms of decisions’?
A
Rules found in civil codes, judicial decisions and statutes
i.e. Law in books
3
Q
Whose research shows the difference between law in books and in practice?
A
Stewart Macauley:
• Researched into commercial practices in Wisconsin
- Found that law of contract is far less important than actual operation of commercial practice
- High avoidance of the law and lawyers
4
Q
What are some key critiques of Ehrlich’s theory?
A
Nelken: Need to develop a ‘sociology of norms’ to answer many of the questions that come up
e. g.
1. What do the norms of ‘living law’ have in common?
2. To what extent do organisations have the 2 types of law?
3. How do norms of ‘living law’ arise?
4. Interactions between norms of different groups?
