Chapter

Weber, Objectivity, and Legal-Rational Authority

John Finnis

in Philosophy of Law

Published in print April 2011 | ISBN: 9780199580088
Published online September 2011 | e-ISBN: 9780191729409 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199580088.003.0010
Weber, Objectivity, and Legal-Rational Authority

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This chapter makes a fundamental examination of Weber's method and results in their bearing on the understanding of law and legal authority. It takes off from a critique of Anthony Kronman's 1983 book on Weber as a sociologist of law (and economy, authority, and religion), but shows with textual detail why Weber concluded that the ideal-type or central form of social authority is legal-rational authority, and the central form of that, in turn, is the value-rationality encapsulated in natural law theory. Weber's arguments for denying the rationality or objectivity of value judgments are critiqued, as well as Kronman's attempted supplementation of them.

Keywords: Weber; ideal-types; legal-rational authority; value rationality; value judgments; objectivity; Anthony Kronman

Chapter.  8489 words. 

Subjects: Jurisprudence and Philosophy of Law

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