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2009

Judicial decision-making

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Governing In The Vernacular: Eugen Ehrlich And Late Habsburg Ethnography, Monica E. Eppinger Jan 2009

Governing In The Vernacular: Eugen Ehrlich And Late Habsburg Ethnography, Monica E. Eppinger

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Eugen Ehrlich's vision for a "dynamic conception of law" in 1903 challenges prior focus on doctrine and logic with a demand that legal science direct attention to the "facts of daily life." Ehrlich's program -- his innovative conception of law and calls for a new sociology of law -- has been claimed as inspiration by those intent on modernizing law and state administration and by critics launching attacks on state fetishism. Between these extremes, Ehrlich's understudied ideas about implementing "living law" as a program for governance deserve re-examination.

This Article, situating Ehrlich's work in the social, intellectual, and political milieu …