A Study Of Max Weber's Sociology Of Law From The Perspective Offered By Research On Legal Culture

It is not a new concept to relate Weber's sociology of law to research on legal culture. Many researchers of legal culture and those of legal history have attempted to connect their research to Weber's sociology of law and therefore shed light on some of their issues. Firstly, some researchers try to criticize Weber's theory and methodology while researching Weber's sociology of law as a study on legal culture. For example, Duan Lin, a researcher from Taiwan in China, has studied Weber's theories systematically for this purpose. Secondly, there have been researchers who have, to some degree, perceived Weber's sociology of law, particularly Weber's usage of ideal-type method, as the source of research on comparative legal culture. For an instance, Italian scholars David Nelken and Carlo Pennisi, and English scholar Roger Cotterrell have specifically focused on Weber's sociology of law in this regard. Finally, there has been research indicating that Weber's method of study has influenced the dispute surrounding the relationship between law and culture. For example, Japanese scholar Masaji Chiba has studied Weber's sociology of law in this regard. However this theory has not been proven and there is a need to substantiate a link between the ideal-type method of Weber's sociology of law and research on legal culture. On the one hand,...