Eugen Ehrlich

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Eugen Ehrlich (born September 14, 1862 in Chernivtsi , Bukowina , † May 2, 1922 in Vienna ) was an Austrian legal sociologist at the Franz Joseph University in Chernivtsi.

Life

Chernivtsi, his birthplace and later place of work, was then the state capital of the Duchy of Bukovina, a poor, ethnically diverse region on the then eastern border of the Austro-Hungarian monarchy. Ehrlich came from a Jewish family . His father Simon Ehrlich was a lawyer in Chernivtsi. Eugen Ehrlich attended high school in Sambor , Galicia . At first he called himself an Israelite , later he gave the denomination Catholic . He gave Polish as his mother tongue . Eugen Ehrlich remained unmarried.

Eugen Ehrlich studied law at the University of Lemberg and from 1881 at the University of Vienna , where he graduated in 1883. Eugen Ehrlich was at the University of Vienna in 1886 a doctorate in law doctorate and 1895 for Roman law habilitation . After working as a private lecturer in Vienna, Eugen Ehrlich accepted an appointment as associate professor at the imperial-royal Franz Joseph University in Chernivtsi , where he read as full professor from 1900 . In 1906/07 he was rector of the university.

Right at the start of the First World War , Eugen Ehrlich had to flee Chernivtsi in 1914 because the city had been captured by Russian troops. He first went to Vienna, where he campaigned for the preservation of the Danube monarchy after the war . Eugen Ehrlich later went to Switzerland for a few years . When Bukovina was annexed to Romania after the end of the war, according to the peace treaty, he initially did not want to return there. When his hopes of being able to work in Bern were not fulfilled, he nevertheless planned to return to Czernowitz in 1921.

Eugen Ehrlich had to take research leave beforehand in order to prepare for the lectures in Romanian . Ehrlich first moved to Bucharest . He was unable to take up teaching in Czernowitz because he fell ill with diabetes mellitus , which at that time could not be treated.

Scientific work

The then ruling Begriffsjurisprudenz was recognized by Eugen Ehrlich soon as inadequate. Therefore, from around 1903 he began to work towards an understanding of the legal system that should pay more attention to legal reality. It was precisely his observations on the legal reality in the ethnically very differently shaped Bukovina that prompted him to devote himself more to the "living law". His provocative demand before the 31st German Lawyers ' Day to set up seminars for “living law” at all law faculties, however, could not be implemented. His demands were too radical for many, but were also given a lot of attention internationally, for example in the USA and Japan.

Since, according to his sociological investigations, positive law can not ultimately create complete justice, Ehrlich increasingly shifted the focus when considering this issue to the person of the judge, who is relatively free from the law (so a number of courts can differ in one and the same matter Decisions come), do not find justice, but create yourself . In this respect, Ehrlich can also be seen as a co-founder of the so-called Free Law School .

His main work is the foundation of the sociology of law, first published in 1913 . Like Max Weber , Ehrlich had a significant influence on jurisprudence and is considered by many to be the founder of legal sociology and legal pluralism . His scientific life's work was largely pioneering in this area.

Fonts

  • Eugen Ehrlich: Foundation of the Sociology of Law . Duncker & Humblot, Munich, Leipzig 1913 ( archive.org - digitized version of the first edition in the Internet Archive ; 4th edition, 1989, series of publications on legal sociology and legal factual research, volume 69, reviewed and edited by Manfred Rehbinder , Duncker & Humblot, Berlin 1989, ISBN 978-3-428-06689-6 ).

literature

Web links

Individual evidence

  1. ↑ Rector's speech (HKM)
personal data
SURNAME Honestly, Eugene
BRIEF DESCRIPTION Austrian legal sociologist
DATE OF BIRTH September 14, 1862
PLACE OF BIRTH Chernivtsi
DATE OF DEATH May 2, 1922
Place of death Vienna