LAWS 3908 Lecture Notes - Lecture 9: Social Stratification, Protestant Reformation, Verstehen
LAWS 3908 A – Approaches in Legal Studies
2018-03-15
Weber’s Sociology of Law
- Modern Disenchantment, the Rationalization of Law, and Basic Categories of Legal
Thought
Weber’s Bio:
- Born in 1864 Frankfurt, Germany
- Studied Law at the University of Heidelberg and the University of Berlin
- Analyzed the characteristics of Modern Western society.
o Focused on rationalization, bureaucracy and social stratification
- Deeply pessimistic about the prospects for individual freedom in the modern world
o Feared a bureaucratic world that valued order and security over freedom and
individuality
o Suffered bouts of depression throughout his childhood
- Had a very productive career as a sociologist
o Redefined the theoretical approaches to sociology and did specific research
studies on class and stratification, law, religion, capitalism, power as it is
exercised in society, the city, music and cross-cultural studies
- Died from pneumonia at 56 years of age in 1920
Weber’s Sociological Theoretical Framework:
- Anti-positivist stance and against mono-causality
o Effective affinity between the rise of capitalism and rational social activities and
institutions like law, education and religion.
- Focusing on understanding social action via an interpretive (verstehen) perspective
- Espoused and called for “value-free” sociological analysis
- Ideal types as a heuristic way to enable precise, conceptual, value-free analysis
o 4 ideal types of social action
▪ 1) Traditional Social Action
▪ 2) Affective Social Action
▪ 3) Value Rational Action
▪ 4) Instrumental Rational Action
o Stranger Than Fiction – “Harold the bureaucrat”
Shift from traditional feudalism to modern capitalism:
- Modernity caused by change in ideas and consciousness not from mode of production or
division of labor
o Social change occurs when there is a shift in how humans think (consciousness,
belief-systems)
- Protestant reformation was crucial in developing modern capitalist society
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Document Summary
Laws 3908 a approaches in legal studies. Modern disenchantment, the rationalization of law, and basic categories of legal. Studied law at the university of heidelberg and the university of berlin. Analyzed the characteristics of modern western society: focused on rationalization, bureaucracy and social stratification. Deeply pessimistic about the prospects for individual freedom in the modern world: feared a bureaucratic world that valued order and security over freedom and individuality, suffered bouts of depression throughout his childhood. Died from pneumonia at 56 years of age in 1920. Anti-positivist stance and against mono-causality: effective affinity between the rise of capitalism and rational social activities and institutions like law, education and religion. Focusing on understanding social action via an interpretive (verstehen) perspective. Espoused and called for value-free sociological analysis. Modernity caused by change in ideas and consciousness not from mode of production or division of labor: social change occurs when there is a shift in how humans think (consciousness, belief-systems)
