Study On The Legal Rational Thought Of Weber

"Weber proposition" is the main line of Weber’s theoretical system, and the "rational" problem is an important problem concerned by Weber in the process of sociological research. All the achievements of modern western civilization is the product of rationalism: Only in the dominant of rational way of behavior and thinking,to produce the mathematics after reasoning and the empirical natural science through the rational experimental, and to produce the reasonable legal, social administrative management system and reasonable social labor organization-capitalism. In the process of answering "Weber proposition", Weber regards "value neutrality" as the basic standpoint, study on the method of "selective affinity" and "ideal type" as the core of the system of the understanding of social science, the purpose is to explain the reason why rational only appeared in the West and where it comes from. In addition,Weber law were placed in social and sociological jurisprudence law down rational analysis to explore legal issues. In social law, he uses the method described above legal rational and economic, political, religious and other social phenomena of the relationship between rational sociological analysis He regards religious rationalization,economic rationality, social rationality, and law rationalization as separate processes,and summarize their relationship as selective affinity, causality relation instead of a decision theory. Weber believes that the essence of legal rationality is formal rational law. In the face of more and more formal rational law, Weber felt stronger concerns about the opposition between the individual freedom and the historical destiny. In the rule of law, the promotion of bureaucracy and the law which tends to be more and more absolute formal rationality, make people fascinated by the instrumental rationality looks like the beast living in a cage, unable to break free, but also do not want to break free. The law changed from the patron of personal to cage of freedom.Weber also presented by professional politicians and the integration of instrumental rationality and value rationality, trying to save this tragic historical destiny of human reason, but still did not find a good solution.