Max Weber's Jurisprudence And Its Inner Dilemma

The main goal of this article is to analyze, from the point of view of Jurisprudence (or philosophy of Law), what special characteristics owed the conception of Law in Max Weber's Sociology of Law. And, to find out how to understand an inner dilemma between Max Weber's Sociology of Law and his Public Law Theories.In chapter one, we step to discuss Max Weber's Jurisprudence Theories. Using the Methodology of the shared Max Weber's Understanding Sociology, which is, with the view of Historical-Sociological Methods. Thus the conception is Law under such definition is differentiated from the conception of Natural Law, Historical Law School, as well as Legal dogmatic theories.Then we find a kind of dilemma in Weber's Jurisprudence, that is, Legal Formal Rationality Max Weber's Sociology of Law contradicts with the Nationalism in his Public Law Theories.After make the central researching problem clear, we have to examine, one by one, the rational Legal form as well as the Public Law Theories. Such tasks contribute the content of my chapter two and three.In Chapter two, we've compared Weber's Sociology of Law and the Liberalism Legal theories. We explored carefully about altogether seven different meanings or usages of Ratioal/Rationality in Weber's Jurisprudence theories.And therefore another four different typologies of legal orders according to there different usages.Till now,we think we can say that we've already make the meaning of Formal Rationality of Law clearly and thoroughly enough.Further more, besides above, we've discussed something other than legal rationality in this chapter.We've compared Weber's sociology of law with the most popular theory in modern western countries nowadays,that is liberalism theories.But Weber didn't agree a lot with such theories,besides reminding us of not being extremely focused on the legal logic, the much more important part in his critis is that, the passive-liberalism would allure modern people in those circumstances to rush into the so-called"Iron Cage". Consequently, there is the dangerous atmosphere, which could separate the society, leaving the losers of free market in totally desperation.In chapter three, we can observe an attitude changing progress of Weber from a Value-free scientific researcher to a value-judging politician. And these two definitely incoherent manners are just what we've called the'dilemma'it is.Then people need to know, how to understand or even to solve such a dilemma? We have presented two different interpretive theories, the integrative theory and the separate theory. But to neither of them will I choose or abandon. Because the purpose of this dissertation is not to tell right interpretive theories from wrong ones, but try the best to approach the way and logics Weber thinks in.Besides ,as to the Jurisprudence Transplanting progress of Max Weber's theories to Chinese study circles, we should remember in our mind that, Rationality of Judgment is so crucial in the processes of combining and transplanting Modern Western Jurisprudence Theories into Chinese Jurisprudence circle. With more of more such works, we could expect some real reciprocity effect between Western theories and domestic Jurisprudence in every Law branch.