"Law is derived from social facts and not dependent on State authority but on social compulsion." Who said this?

0 votes
56 views
Lily Chitlangiya asked 26-Nov-2021 in Law & Legal Issues by Lily Chitlangiya

'Law is derived from social facts and not dependent on State authority but on social compulsion.' Who said this?


1 Answer

0 votes
Sanjay Goenka answered 29-Nov-2021 by Sanjay Goenka
Eugen Ehrlich narrated the line “Law is derived from social facts and not depend on state Authority but on Social compulsion”

                                             'Law is derived from social facts and not dependent on State authority but on social compulsion.' Who said this?

Overview
Eugen Ehrlich is considered to be the Founder of the Sociology of Law. He mainly focused on the sociological perspective of Law, and he considered Society as the main source of Law. In addition this he further explained the term “Society” and said that Society is the “collection of Men”. According to him the main 'center of gravity' is not lie in the legislation and judicial decisions. According to Ehrlich, the development of Law is possible on the development of Society.

Biography
Eugen Ehrlich was born on 14 September 1862 in Chernivtsi in the Duchy of Bukovina, which was under the Austro- Hungarian Empire at that time. He studied Law in Vienna and completed it at Vienna University. After pursuing his Law degree he tough and practiced Law as a Lawyer for several years in Vienna. And after some years of practice, he returned to Czernowitz. And Ehrlich started to teach at the University of Czernowitz. He completed is rest of the teaching years in the same university and serve there as a rector. During World War I when the country faced multiple attacks by the Russian government, he went to Switzerland. After spending many years here, he again thought to return to Czernowitz but unfortunately, he died at the age of 59, due to Diabetes on 2 May 1922 in Vienna, Austria.

Career
As Ehrlich was born in the Bukovina’s land, so he used to see the rules and practices of his countries. He goes through looking into them, the legal jurist decisions, and the Law statutes of the court. Sometimes he also noticed that the decisions of the legal jurist were different from the legal aspect of the Society. He claimed that the “living law” which regulates the social life of the people may be different from the decisions of the jurist and from the judicial system and may not be in the books of the Advocates. He also insisted that the Law of any society should be in favor of the living society not according to the book of some so-called animated judges.