Sociology and Jurisprudence

Eugene H. Ehrlich
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Abstract

) ) Abstract. The article published in 1906 deals with a qualitative difference between law and labor, which relates to this law, since the latter belongs to science, and science is not included in the content of the law. In general, Eugen Ehrlich raises the question of the relationship of legal science and legal norm. Ehrlich explains the contradiction between a clear legal rule and a rule in real life, in particular, on the example of family law, typical of Bukovina, but contrary to the general Austrian Central Committee (on the relationship between parents and the child living with them and at the same time works somewhere) The essence of the case, according to Eugen Ehrlich, is that law arise in a dual function – as an organizational form, and as a norm for resolution, that is, the norm under which judgments are made. The leading idea of differentiation is based on the thesis that the precondition of any solution is a clash of interests, struggle; and the dominant real-life relationships rarely come out of the struggle in the same form in which they entered this struggle. Therefore, along with the organizational rules that arise in the peaceful coexistence of people, there must be rules for resolution that gain their significance in the event of conflicts, with the first norms being part of the latter. In general, Ehrlich states that jurisprudence is primarily a practical discipline. It teaches the practical application of law. While the development of jurisprudence in legal science, its transition from practical discipline to the field of sociology is fully consistent with the process in other scientific fields, and is one that is becoming more and more understandable day by
社会学与法理学
摘要。这篇发表于1906年的文章论述了法律与劳动的质的区别,它与这一法律有关,因为后者属于科学,而科学不包括在法律的内容中。总的来说,欧利希提出了法律科学与法律规范的关系问题。埃利希解释明确的法律规则和规则之间的矛盾在现实生活中,特别是在家庭法的例子,典型的布科维纳,但与一般的奥地利中央委员会(在父母和孩子之间的关系和他们生活,同时工作的地方)的本质,根据尤金埃尔利希,是法律产生双重功能——作为一种组织形式,规范解决,也就是说,标准:作出判断的标准分化的主导思想是基于这样的论点:任何解决方案的前提都是利益冲突、斗争;在现实生活中占主导地位的关系很少以他们开始斗争时的同样形式结束。因此,除了在人民和平共处中产生的组织规则外,还必须有在发生冲突时具有重要意义的解决规则,前者是后者的一部分。一般来说,埃利希指出,法学主要是一门实践学科。它教授法律的实际应用。法理学在法学领域的发展过程中,从实践学科向社会学领域的过渡与其他科学领域的发展过程是完全一致的,并且是一个越来越容易理解的过程
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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