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Regular version of the site

Article

Normativity and Facticity of Law in the Legal Sociology of Eugen Ehrlich

Law of Ukraine. 2013. Vol. 4. P. 263-272.

In this paper the author questions the role of Eugen Ehrlich’s sociological jurisprudence for contemporary debates regarding the sources of binding rules that have their (ontological) foundation in societal practices, but whose validity cannot be extracted from these practices. The process of normcreation requires, according to the conception of Ehrlich, an intellectual reconstruction of these practices and patterns by jurists, judges, and legislators who reshape societal relations into legal ones with the help of particular intellectual images. It is this reshaping that gives rise to legal rules.