Question

“Law is derived from social facts and depends not on the State authority but on social compulsion.” Whose words are these ?

• A. Roscoe Pound
• B. Leon Duguit
• C. Benjamin Nathan Cardozo
• D. Eugen Ehrlich

Answer 1

The Correct Option is D

The statement, “Law is derived from social facts and depends not on the State authority but on social compulsion,” is attributed to the legal theorist Eugen Ehrlich. Eugen Ehrlich was a prominent figure in the field of legal sociology, and his views emphasized that the foundation of law lies in social realities and interactions, rather than solely in formal legal statutes imposed by the State.

Eugen Ehrlich's approach suggests that legal systems and norms evolve primarily through the customs, practices, and social relations that individuals engage in within society. This perspective challenges the traditional view that laws are exclusively a product of the codified rules enforced by governmental authority. Hence, Ehrlich’s words highlight how social behavior and expectations shape the legal framework.

Understanding this viewpoint is essential for comprehending the broader scope of legal studies, as it integrates the dynamic interaction between law and society. This recognizes that while legal institutions play a role in formulating law, the real driving force behind legal development is the society itself.