By Eugen Ehrlich1
Sec. 1. relations of legislator and judge . -Sec. 2. increased importance of statutory law. - Sec. 3. rules of decision insufficient to regulate actual life . -Sec. 4. importance of unwritten law. -Sec. 5. lawyers' law. - Sec. 6. development of international law. - Sec. 7. growth of law without legislation. - Sec. 8. legislation not a primitive form of law. - Sec. 9. the courts and the statutes. -Sec. 10. modern codes. - Sec. 11. inadequacy of mere statutory law.
II. Statutory Law and Its Obstruction to Free Judicial Decision
Sec. 12. advantages and disadvantages of codification. - Sec. 13. legal technicalism. - Sec. 14. further objections to the technical method. - Sec. 15. tendencies opposed to technicalism. - Sec. 16. approximation to free decision.
1 [Professor of Roman Law at the University of Czernowitz. This is a translation (omitting the first six pages) of his "Freie Rechtsfindung und freie Rechtswissenschaft," Leipzig, 1903. Another important work of the author in this field is "Grundlegung der Soziologie des Rechts," Munich, 1913. The translation is by Ernest Bruncken.]
Sec. 21. the work of legal science- Sec. 22. the practical operation of the law. - Sec. 23. legal regulation and actual life. - Sec. 24. legal science and the courts . -Sec. 25. the law of evidence.-Sec. 26. conclusion.