The Sociology of Law
Online ISSN : 2424-1423
Print ISSN : 0437-6161
ISSN-L : 0437-6161
The Structure of the Classical Sociology of Law
Juristenrecht and staatliches Recht
Zensuke Ishimura
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1987 Volume 1987 Issue 39 Pages 83-88,218

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Abstract
This paper is a sequel to the author's article, "The Structure of Classical Sociology of Law-with a Focus on 'Living Law'" which appeared in the previous issue of this journal, and forms the second part of the author's attempt to clarify the theoretical stucture of Eugen Ehrlich's sociology of law. Ehrlich was a scholar who belonged to the classic period of the sociology of law in Europe. He had a great deal of influence upon the development of the sociology of law in Japan. In this paper, Ehrlich's view on "law made by the legal profession" and "state law", a view with which Japanese readers and researchers have had rather little familiarity, will be discussed. The author will survey first, the processes by which a law still unwritten, Ehrlich's "legal norm", is verbally formulated by the legal profession and becomes stabilized as Rechtssatz; second, various types of law made by the legal profession; and last, Ehrlich's unique view of "state Law".
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© The Japanese Association of Sociology of Law
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