The article explores the main ideas of the works of E. Ehrlich (1862–1922), where the concept of "live law" was gradually established. The prominent thinker gave the leading role in the law-making process to society, and therefore he called to study society, exploring direct survey of social life as an important source of law comprehension. It is proved that among the three types of law: state law, law of lawyers, social law – E. Ehrlikh preferred the latter. The interrelation of social law and state law in Ehrlikch’s concept is revealed.
Ehrlikh’s idea of "live law" is proportional to the modern notion of "informal law". Informal law, like "live law", corresponds to the current everyday needs of social life, is formed by society itself or by certain social groups, and is not provided with state coercion. Nevertheless, the concept of “live law” should not be considered as anti-state one. E. Ehrlich did not recognize the dominant significance of the state law-making activity in the social legal life, but he never denied such a role at whole. He persuaded that coercion plays a secondary role in the existence of law. Indeed, the existence of informal law is largely independent of the state and its coercive apparatus. Continuing this E. Ehrlikh’s opinion, it can be argued that modern society as a plurality of peoples and communities recognize certain rules of conduct as compulsory, and, at least in general, subordinate their behaviour to these rules, guided by relevant internal convictions.
The scholar's attitude to state law is refined and the opinion of Ehrlich's anti-etatism is refuted. The scholar did not rule out the possibility for the state law to obtain social importance and to acquire the status of a living law. The scholar's attitude to state law is refined and the opinion of Ehrlich's anti-etatism is refuted. The scientist did not rule out the possibility for state law to obtain social importance and to acquire the status of a living law.
Nikah di bawah tangan perspektif yuridis dan sosiologis
