Alienacja prawa w społeczeństwie jako argument na rzecz uspołecznienia kultury prawnej. Kilka uwag z perspektywy koncepcji prawa żywego Eugena Ehrlicha
The Alienation of Law from Society as an Argument for Socializing Legal Culture. Some Remarks from the Perspective of Eugen Ehrlich's Concept of Living Law

Summary/Abstract: In this article, I argue that the alienation of law in society is an argument in favor of the socialization of legal culture. To justify this, I first present the alienation of law as a discrepancy between the legal understanding of law and its social experience in everyday life. In order to explain this problem, I refer to the three types of law distinguished by Eugen Ehrlich: state law, juristic law, and social law. In light of these, I demonstrate that law is not only decision-making norms addressed to judges, lawyers, and officials, but also rules of conduct in social practices that create the social dimensions of law. In presenting them, I present approaches to legal culture as: a)asocial fact, b) a value, c) a research approach. On this basis, I derive arguments in favor of the socialization of legal culture. An argument in favour of such a concept of legal culture is likewise the strengthening of civil society as an important safeguard against autocratic rule. The interpretative and adaptive approach I take in this article, referring to the findings of E. Ehrlich, is visible at the analytical level, as I use research tools such as the distinction between decision-making norms and rules of conduct, as well as at the conceptual and subject-matter level, in the form of an appreciation of the social dimensions of law. All this justifies the subtitle of the article.

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