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.
| I. Arbitration of excepted matters | 1. A. Ayyasamy v. A. Paramasivam, (2016) 10 SCC 386 |
| II. Conditional Arbitration Clauses | 2. In re - Interplay between Arb Agreements and Stamp Act 2023 INSC 1066 |
| III. Separability of Arbitration Agreement - Kompetenz Kompetenz | 3. Vulcan Insurance Co Ltd v. Maharaj Singh and Anr (1976) 1 SCC 943 |
| IV. Arbitrability of fraud | 4. Mitra Guha Builders (India) Co v. ONGC (2020) 3 SCC 222 |
| Offenses | Sections |
| (A) Voyeurism | (1) Section 77 |
| (B) Word, gesture or act intended to insult the modesty of a woman | (2) Section 79 |
| (C) Stalking | (3) Section 75 |
| (D) Sexual Harassment | (4) Section 78 |