2007-10-30

2007-10-30 - Rational Legal Authority Most dominant There...

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Rational Legal Authority Most dominant There is no single pure type of legitimate authority o It is normally a mixture of the three The charisma is concentrated at the top o However, this is different from charisma social movements, as the top is a much weaker as a close contact to the divine is lacking Weber uses the term rationality like an engineer o Effective and efficient Predictable bureaucracy o Must be able to account and explain its operations o Does this by official rules and regulations that structure bureaucratic behavior o By knowing these rules and regulations one can predict how it will operate o One can apply one case to another o Deductive system It deduces what should be done in an individual case or position from what is generally done in such cases is laid down in the official rules, regulations, charters, etc. Rely heavily on written records Major difference between rational, charismatic, and traditional Charismatic Does not rely on written documents Relies on the spoken word of the leader Charismatic leader not bound by rules and regulations that are written So there are not many written records with charismatic leaders Traditional Law by precedent o What has been done before Seen as sufficient cause of justification If you can show that there has been a binding precedent then that is a sufficient cause for applying precedent in subsequent cases o Bureaucracies only emerge in areas with widespread literacy o The church was a vestige of literacy Served as a preserver of bureaucracy o Literacy and bureaucracy go together Cannot have one without the other Positive Law o The law that characterizes occidental modernity according to Weber o To postulate something o Is posited law
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It is made, not found o The opposite of positive law is natural law o Not found but made o Legislated by a particular political body, the legislature o The legislature Some unprecedented and new to modern societies A body that exclusively specializes in the making and the unmaking of law Makes law perpetually In constant session This idea that there is perpetually notion of law is bound to time what is legal today may not be legal tomorrow the decisions of the legislature are themselves governed by law the law is applied to itself, self referential not any decision by anyone can and will become law only those positions that are arrived at proper legal procedure can
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This note was uploaded on 04/18/2008 for the course SOC 302 taught by Professor Fuchs during the Spring '07 term at UVA.

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2007-10-30 - Rational Legal Authority Most dominant There...

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