Rechtsleben

Rechtsleben, often translated as living law, is a concept in legal philosophy and sociology of law describing the body of norms and rules that govern conduct as they actually operate in social life, independently of formally enacted statutes.

The term is associated with Eugen Ehrlich, who argued that a substantial portion of law exists not in written codes but in the social relations and practices of a community—the living law that communities enforce, observe, and transmit through customary behavior.

Rechtsleben complements the idea of a legal order (Rechtsordnung) but can diverge from it in practice. It comprises unwritten norms, customary arrangements, and the expectations of social groups, which influence judicial decisions, administrative actions, and everyday compliance.

Scholars have used the concept to analyze the gap between formal law and its practical application, and to highlight the role of social institutions, culture, and power in shaping what counts as law.

Critics argue that relying on living law risks conflating legitimate norms with informal practices or power relations, and that it may undermine the primacy of codified statutes. Nevertheless, the idea influenced later work in the sociology of law, legal anthropology, and the study of customary and transitional justice.

In contemporary scholarship, Rechtsleben is used to examine how communities negotiate and enforce rules in everyday life and in informal settings. See also Rechtswirklichkeit, Rechtsordnung, Rechtskultur, and Eugen Ehrlich.