19th and 20th centuries
Eugen Ehrlich
1862–1922 · Austria-Hungary (Czernowitz) · Jurist and founder of legal sociology
1800 BCAD 2000
Life and ideas
Eugen Ehrlich was born in Czernowitz, in the far east of the Austro-Hungarian empire, a city where Germans, Romanians, Ukrainians, Jews and others lived side by side under the state's law, each with their own customs. As a professor there, he saw that the way people actually arranged their marriages, contracts and inheritance often had little to do with the official code. In Fundamental Principles of the Sociology of Law (1913) he wrote that the centre of legal development lies in society itself, and he distinguished the 'living law' of social associations from the rules for decision applied by the courts and the norms of the state. He urged lawyers to study the living law by observing and recording it. His work founded the sociology of law and anticipated modern legal pluralism. He died in Vienna in 1922, after the war had cost him his post when the city changed hands.
The big idea
The centre of gravity of legal development lies in society, not in legislation or court decisions. Beside the law of the state there is a 'living law' of the associations that make up society.
Main work
Fundamental Principles of the Sociology of Law (1913)
Legacy
Founded the sociology of law and legal pluralism.
The school of thought
- Sociological Jurisprudence: Study law in society: what it does, whom it serves, and how living practice differs from the books.
- Legal Pluralism: Many normative orders besides the state's law exist side by side.
See everyone on the timeline and compare thinkers side by side
Take it further
How legal systems and codes grew.
A whole chapter of black-letter law on one printable page. Free sample.
- Pocket guides $12
Short PDF reference books with closed-book self-checks.
Support this free tool
This guide is free, and it takes a lot of careful work to build and keep up to date. If it helped you, you can leave a small contribution. No account is needed, and nothing is sold to you.
A one-time card payment through Stripe. It is a contribution, not a purchase, and it is not tax-deductible.
TheLawToKnow Tools’s founders of legal thought is an educational overview. It is not legal advice. Report a mistake.

