Eugen Ehrlich, Living Law, and Plural Legalities
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David Nelken
This Article examines the different meanings of Ehrlich’s idea of living law in relation to current debates about legal pluralism. It distinguishes three aspects of Ehrlich’s concept as these have been elaborated in the later literature: "law beyond the law," "law without the state," and "order without law." This retrospective shows that Ehrlich was not principally concerned with defending the rights of ethnic or autonomous communities as such. In taking his work further, it is important to recognize to what extent official and unofficial law are even more interdependent today than in his day. But we may still find his work of relevance to thinking about the normative challenges of plural legalities.
©2011 Walter de Gruyter GmbH & Co. KG, Berlin/Boston
Artikel in diesem Heft
- Article
- Introduction
- The Pluralization of Regulation
- Corporate Social Responsibility: Towards a New Market-Embedded Morality?
- Beyond Relativism: Where Is Political Power in Legal Pluralism?
- State, Society and the Relations Between Them: Implications for the Study of Legal Pluralism
- Eugen Ehrlich, Living Law, and Plural Legalities
- Nomos Without Narrative
- Privatizing the Adjudication of Disputes
- The Depoliticization of Law
- Liberalism and Religion: Against Congruence
- Privatizing Diversity: A Cautionary Tale from Religious Arbitration in Family Law
- From "Honor" to "Dignity": How Should a Liberal State Treat Non-Liberal Cultural Groups?
- Annual Cegla Lecture on Legal Theory
- The Perils of Minimalism
Artikel in diesem Heft
- Article
- Introduction
- The Pluralization of Regulation
- Corporate Social Responsibility: Towards a New Market-Embedded Morality?
- Beyond Relativism: Where Is Political Power in Legal Pluralism?
- State, Society and the Relations Between Them: Implications for the Study of Legal Pluralism
- Eugen Ehrlich, Living Law, and Plural Legalities
- Nomos Without Narrative
- Privatizing the Adjudication of Disputes
- The Depoliticization of Law
- Liberalism and Religion: Against Congruence
- Privatizing Diversity: A Cautionary Tale from Religious Arbitration in Family Law
- From "Honor" to "Dignity": How Should a Liberal State Treat Non-Liberal Cultural Groups?
- Annual Cegla Lecture on Legal Theory
- The Perils of Minimalism
