Study On The Two Dimensions Of Weber’s Legal Theory

On the whole, in addition to the introduction and conclusion, the article also includesthree parts. Inspired by Weber’s famous writings which is academic and politics, I putforward the distinction between the academic and action as the first part of this article. In myopinion, the key point of the differences between the academic and politics lies in the attitudeof value, Academic must maintain value neutrality absolutely which is in order to ensure theaccess to objective knowledge, but politics inevitably contain value judgments. The first partof this article is mainly to solve two problems: First, re-understanding Weber’s Valueneutrality methodology in a scientific and academic context to be against the argument thatWeber’s legal theory ignores value. Second, to draws out Weber’s theory of social action,laying the groundwork for the third part of this article which describes Weber’s legal andsocial action, to justify that Weber’s Form rational law contains the consideration of value.The second and the third part of this article is to Explain that the Form rational law hastwo aspects that is the formal rationality and essential rationality respectively from theperspectives of academic and action. The fundamental characteristic of the Law’s formalrationality is the Separation of law and values. In modern society, the Objective rationalaction is to become the dominant mode of behavior, thus the Form rational law thatmaintaining the Value neutrality has a deep value care. It is because of its value neutrality thatit can become a self-referential system of rules, which not only become a new means tointegrate the society, but also becomes a new weapon to safeguard the public freedoms.If we do not combine the Weber’s scientific methodology and study on the Form rationallaw purely, we can only see that the Form rational law rejects values, however, the Formrational law is only an ideal type. Ideal type is just an abstract concept rather than theobjective facts. As a result, the Value neutrality of the Form rational law in real life is limited,which rejects individualized value, but do not exclude the value of consensus. Consideringwith the theory of Weber’s social action, I will be attempt to discuss the Substantial rationalityof the Form rational law in the third part of this article.