Weber's Law Type And National Spiritual And Cultural Relationship Between Thought

The comparative research of law between east and west is very important in Max Weber's study of legal sociology. In his view, law of formal rationality in west is affected by capitalist, rational system of bureaucracy and ethical concept; law of essence rationality in east is affected by natural economy, system of agnation-bureaucracy and ethic of Confucianism. Weber accepted the function of economy to law also, but he paid more attention to the ethic of religion or conventional culture. Legal modernization in our country can learn from his idea. Our legal modernization has been come into a new step since 1978. The modernization in rule of law and legal system has obtained great development, but that in legal consciousness has dropped behind. As a result, we need the conversion of conventional culture, and meanwhile should attach importance to the conditionality from traditional ethic. Without the support form conventional culture, no matter how fortified the rule of law is, the order of society will be brittle. So we should be on the basis of conventional culture to develop the market economy, to reform the judiciary system, to deal will with the relation between our conventional culture and modern legal culture from west. In that way, legal modernization can be in-depth and favoring, and finally, the legal state will come true earlier.