Jurisprudential Rule: A Study Of Max Weber 's Rule Of Law

The political sociology is an important part of Weber’s sociology theory, Weber always emphasizes on the ruling role and right of anthroposociology in political field. In the social theoretical system of Weber, the relationship between law and politics or governance are stressed on. In Weber’s political sociology, he focuses on explaining the legitimacy or legality of politics. By discussing on this problem, Weber reveals the feature and connotation of the rule of law in modern society. As a form of governance, the foundation of Chrismatic governance is not rooted in traditional habits or sense or laws, it stems from the following and belief in Chrismatic-typed people. Traditional governance is basing on existing traditional habits, when governance or authority conforms with these habits and traditions, they become legal. Once they are beyond the traditions, their legitimacy no longer exists. Legal rational governance is the basic form of governance in modern society. The foundation of legal rational governance is a set of consistently logical law rules, and the orders issued by authoritative administration staff.Modern country belongs to legal rational country, the legitimacy of state governance power comes from the law, it is not coming from personal quality and habit. The belief in state legitimacy from individuals is rooted in their belief in formulating favorable rules. In modern country, law separates from politics, religions and other social systems, it becomes an independent and autonomous system. In a legal rational country, law authority lays legal foundation for the complex society and gradually adapts to the development of modern society, then becomes the main type of country.In Weber’s opinion, the modern bureaucracy is the purest form of legal rational governance, so the thesis explains Weber’s legal thoughts from the perspective of Weber’s bureaucracy. The methodology of sociology stresses on the methodology produces on the basis of reality and practice, it is an experimental summary. Weber’s bureaucracy theory is formed by abstractly summarizing and comprehensively arranging the features and properties of existing bureaucratic organization. Therefore, this theory is basing on sociology methodology from this perspective.