SOSC 2350 Lecture Notes - Lecture 12: Charismatic Authority
5 Jan 2017
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Law includes coercion as an added element. According to weber, individuals orient themselves to the maxims, either because they are afraid of punishments or they legitimize the law. We need for law for property an increasing efficiency. Once the law is established it influences the economic sphere. Rational: rational law pertains to criteria that is applicable to all: eg. Four categories of law: formally irrational: decision making resting on something and cannot be controlled by intellect. The 10 commandments this was deemed the law. Word of god cannot be disputed or appealed: we no longer resort to the ideal, however, in our contemporary legal system is somewhat irrational. Taking an oath: substantively irrational: no general norm is applied here, something other than formal rules aids in the ability for decision making, formally rational: modern law is set in this manner. Case and common law: substantively rational: far less predictability.
