The concept of "living law" by E. Erhlich from the point of view of the specifity of social relations in the globalized world

Abstract

The article defines the content and meaning of E. Ehrliсh’s concept of «living law» from the point of view of the specifics of social relations in the globalized world. According to the author, adhering to Ehrliсh’s theory of «living law», the study of law exclusively as a written, static phenomenon, limited by law, significantly narrows its scope. In this regard, social relations, their dynamics, social practice, the emergence of new needs, mechanisms for the protection of interests, and other social transformations should be recognized as a social source of law formation. It was established that, according to E. Ehrliсh’s concept, the phenomena of society’s law are «state law», «law of lawyers», «law of social unions». The interpretation of E. Ehrliсh’s concept of «living law» should not contrast it with official law. Positive state law does not exclude the possibility of acquiring social effectiveness and obtaining the status of «living law». Within the framework of the sociological understanding of law, it is noted that the state, refraining from interfering in certain fields, should delegate the freedom of self-regulation to the unions, since the state is one of the types of social unions. According to the law of the state, the role of defender of the established system should remain first of all. It has been established that Ehrliсh’s legal understanding of the phenomenon of «law of lawyers» involves an agreement between the content of the norm and the content of a specific case, that is, the ability to endow the norm with the content and features that could fully ensure the regulation of a specific case. «Law of lawyers» is a creative activity, the essence of which boils down to the formulation of norms-decisions that directly follow from the essence of social relations. In today’s globalized world, this phenomenon has an analogue in the legal activism of international judicial institutions. It is emphasized that the effectiveness of law from the point of view of its social action directly depends on the actions of individual social unions. Every social order contains elements of coercion (these are norms of custom, morality, religion, tact, decency) that ensure the subjugation of the individuals of the union without limited their freedom of action. According to the author, a parallel of such ideas can be found in the dynamics and transformations of social relations in the modern globalized world.

Keywords

• sociology law
• the concept of «living law»
• E. Ehrliсh
• the law of social unions
• the law of lawyers
• state law