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Legal rationality: A reconstruction ...

Al-Wagdani, Abdullah M.

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Legal rationality: A reconstruction of Max Weber's analysis of law.

紀錄類型:	書目-電子資源 : Monograph/item
正題名/作者:	Legal rationality: A reconstruction of Max Weber's analysis of law./
作者:	Al-Wagdani, Abdullah M.
面頁冊數:	295 p.
附註:	Source: Dissertation Abstracts International, Volume: 64-05, Section: A, page: 1869.
Contained By:	Dissertation Abstracts International64-05A.
標題:	Sociology, Theory and Methods. -
電子資源:	http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=3090395

Legal rationality: A reconstruction of Max Weber's analysis of law.
Al-Wagdani, Abdullah M.

Legal rationality: A reconstruction of Max Weber's analysis of law. - 295 p.

Source: Dissertation Abstracts International, Volume: 64-05, Section: A, page: 1869.

Thesis (Ph.D.)--Boston University, 2004.

This dissertation reconstructs the central dimension of Max Weber's analysis of law: “legal rationality.” Although heretofore largely unacknowledged, legal rationality, constituted from “formal rational” and “substantive rational” law, stands at the foundation of all of his writings on law.Subjects--Topical Terms:

626625
Sociology, Theory and Methods.

Legal rationality: A reconstruction of Max Weber's analysis of law.
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245 1 0 $a Legal rationality: A reconstruction of Max Weber's analysis of law.
300 $a 295 p.
500 $a Source: Dissertation Abstracts International, Volume: 64-05, Section: A, page: 1869.
500 $a Major Professor: Stephen Kalberg.
502 $a Thesis (Ph.D.)--Boston University, 2004.
520 $a This dissertation reconstructs the central dimension of Max Weber's analysis of law: “legal rationality.” Although heretofore largely unacknowledged, legal rationality, constituted from “formal rational” and “substantive rational” law, stands at the foundation of all of his writings on law.
520 $a Commentators upon Weber have placed formal rational law at the forefront and downplayed substantive rational law. While formal rational law is surely central, a full understanding of its character requires its location in reference to the full scope of substantive rational law. Moreover, interpreters have inadequately understood formal rational law. Hence, a manifold reconstruction of legal rationality has been precluded in available commentaries.
520 $a This dissertation undertakes this task by first examining, from a variety of Weber's texts, formal rational law. Its central characteristics are isolated and defined. This detailed examination enables a further demarcation of the major lines of misinterpretation in the commentary; above all, the goal of Weber's sociology and its non-positivistic character, his central methodological tool (the ideal type), and foundational features of his methodology have been misunderstood. Moreover, this chapter rejects a central criticism in the commentary—Weber insisted that formal rational law was a precondition for the rise of modern capitalism, yet a type of law low in formal rationality (English law) prevailed in England, which industrialized early—by documenting (a) that Weber's analysis of law in respect of the rise of modern capitalism emphasized “calculability” rather than formal rationality and (b) that English law offers a calculable type of law.
520 $a This study then reconstructs, again from a variety of texts, the central characteristics of substantive rational law. In addressing largely neglected features and charting their centrality in ancient, medieval, and contemporary societies, this chapter restores substantive rational law to its rightful place in Weber's analysis of law.
520 $a The manifold reconstruction undertaken here of legal rationality is indispensable for an understanding of Weber on law. It constitutes a significant step toward a full-scale reconstruction of his massive sociological writings on law.
590 $a School code: 0017.
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