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Living Law

Reconsidering Eugen Ehrlich

Editor(s): Marc Hertogh
Media of Living Law
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Published: 13-12-2008
Format: Hardback
Edition: 1st
Extent: 292
ISBN: 9781841138978
Imprint: Hart Publishing
Series: Oñati International Series in Law and Society
Dimensions: 234 x 156 mm
RRP : £70.00

: 14 -21 days

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Loren Epson

About Living Law

This collection of essays is the first edited volume in the English language which is entirely dedicated to the work of Eugen Ehrlich. Eugen Ehrlich (1862-1922) was an eminent Austrian legal theorist and professor of Roman law. He is considered by many as one of the 'founding fathers' of modern sociology of law. Although the importance of his work (including his concept of 'living law') is widely recognised, Ehrlich has not yet received the serious international attention he deserves. Therefore, this collection of essays is aimed at 'reconsidering' Eugen Ehrlich by bringing together an interdisciplinary group of leading international experts to discuss both the historical and theoretical context of his work and its relevance for contemporary law and society scholarship.

This book has been divided into four parts. Part I of this volume paints a lively picture of the Bukowina, in southeastern Europe, where Ehrlich was born in 1862. Moreover it considers the political and academic atmosphere at the end of the nineteenth century. Part II discusses the main concepts and ideas of Ehrlich's sociology of law and considers the reception of Ehrlich's work in the German speaking world, in the United States and in Japan. Part III of this volume is concerned with the work of Ehrlich in relation to that of some his contemporaries, including Roscoe Pound, Hans Kelsen and Cornelis van Vollenhoven. Part IV focuses on the relevance of Ehrlich's work for current socio-legal studies.

This volume provides both an introduction to the important and innovative scholarship of Eugen Ehrlich as well as a starting point for further reading and discussion.

Table Of Contents

1.From 'Men of Files' to 'Men of the Senses': A Brief Characterization of Eugen Ehrlich's Sociology of Law
Marc Hertogh
2.Governing in the Vernacular: Eugen Ehrlich and Late Habsburg Ethnography
Monica Eppinger
3.Venus in Czernowitz: Sacher-Masoch, Ehrlich and the Fin de Siècle Crisis of Legal Reason
Assaf Likhovski
4.Ehrlich at the Edge of Empire: Centres and Peripheries in Legal Studies
Roger Cotterrell
5.Eugen Ehrlich's Linking of Sociology and Jurisprudence and the Reception of his
work in Japan
Stefan Vogl
6.Facts and Norms: The Unfinished Debate Between Eugen Ehrlich and Hans Kelsen
Bart van Klink
7.Pounding on Ehrlich. Again?
Salif Nimaga
8.The Social Life of Living Law in Indonesia
Franz von Benda-Beckmann & Keebet von Benda-Beckmann
9.Naturalism and Agency in the Living Law
Jeremy Webber
10.World Society, Nation State and Living Law in the 21st Century
Klaus A. Ziegert
11.Ehrlich's Legacies: Back to the Future in the Sociology of Law?
David Nelken


Living Law: Reconsidering Eugen Ehrlich offers the considered opinions of several scholars on the significance of Ehrlich's work from
his first publications more than a century ago until today.
In reading this volume, one is struck by Ehrlich's prescience. His notion of ''living law'' is a precursor to a wide range of concepts that still shape law and society discourse. It has served as a constructive contrast to Pound's ''law in action'' for many decades now, but it also foreshadowed studies of legal pluralism and legal consciousness.
[A]nyone inclined to re/read Ehrlich's magnum opus would do well to study Hertogh's collection as a companion volume.

” –  Dan Steward, Law & Society Review, Vol. 45, No. 1

“This volume is a scholarly and highly commendable contribution to the study of Ehrlich's thought and is likely to stimulate further work on non-state law and legal consciousness; certainly, any scholar with an interest in sociological jurisprudence shall find it to be an invaluable resource about an extremely interesting and influential figure.” –  Tim Murphy, Dublin University Law Journal, Vol. 31, No. 1

“The publication of the collective work Living Law: Reconsidering Eugen Ehrlich (Living Law) ... is, indeed, most welcome. The book, without a doubt, will be of great interest to all readers involved in legal sociology, legal anthropology, and, more broadly, in "law and society" scholarship. The contributors to this collection of essays are all highly learned and talented scholars
Any reader interested in legal sociology and legal pluralism should find Hertogh's collective work ... full of relevant information about Elrich, and also highly stimulating.
” –  Michel Coutu, Osgoode Hall Law Review, Vol. 47. Nr.3

“All of the essays are well-written and present cogent arguments” –  John H. Bogart, Law and Politics Book Review

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