Graubunden Travel

Graubunden Travel on This work was in many ways related to the debates on social and legal pluralism as well as on institutionalism in fin-de-siecle Europe, and this link gave new meaning to insights that Ehrlich picked up from the German tradition of the historical school of law. Some of the most important points in Ehrlich’s proposal for a sociological study of living law were indeed a radical criticism of what he considered to be the myth of the omnipotence of legislation. Importantly, he claimed that the center of gravity of legal development does not lie in the activity of the state, but in the society itself (Ehrlich 1936, 390). It is not surprising that Teubner finds the blueprint for his own theory of legal globalization in Ehrlich’s idea of a multiplicity of legal orders arising from society itself. Though he is building on a different theory of the social, the one provided by Nildas Luhmann, he shares with Ehrlich, as we saw, the idea of a spontaneous growth of legal orders from the functional subsystems of society itself. Bukowina, the remote province of the Austrian Empire, becomes for him a metaphor of what he considers one of the most important features of these sector specific legal orders: the fact that they grow from the margins and peripheries of the system and remain dependent on them. This is consistent with Ehrlich’s criticism of the omnipotence of legislation, since Teubner’s aim is precisely to marginalize the state, which con- tinues to claim for itself the center of the legal stage: A new living law growing out of fragmented social institutions which had followed their own paths to the global village seems to be the main source of global law. Graubunden Travel 2016.

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