Article title Normativity and Facticity of Law in the Legal Sociology of Eugen Ehrlich
Name of magazine Legal journal «Law of Ukraine» (English version)
Issue 4/2013
Сторінки [263-272]
Annotation In this paper the author questions the role of Eugen Ehrlich’s sociological jurisprudence for contemporary debates regarding the sources of binding rules that have their (ontological) foundation in societal practices, but whose validity cannot be extracted from these practices. The process of normcreation requires, according to the conception of Ehrlich, an intellectual reconstruction of these practices and patterns by jurists, judges, and legislators who reshape societal relations into legal ones with the help of particular intellectual images. It is this reshaping that gives rise to legal rules.
Keywords Eugen Ehrlich, sociology of law, living law, official law, juridical law, normativity, binding force of law.