On Max Weber’s Legal Rationalization Thought

Max Weber was a very important sociologist; his theory is still having an influence on our society. Rationalization is one of the most important concept of Weber’s sociology theory, Weber distinguish formal rationalization from substantive rationalization in his sociology of law. There is an elective affinity between Weber’s sociology of law and his political sociology: Weber divided three pure types of legitimate domination, including legal domination, traditional domination and charismatic domination. And the formal rationalization of law is the foundation of legal domination. The 4th plenary session of 18 th CPC Central Committee pointed the new meaning of the rule of law in China. The development of the rule of law needs the classic thoughts and theories, and Weber’s theory can contribute to the construction of the rule of law in China. The substantive rationalization of law means we should pay attention to the substantive justice and the combine of law and moral in the construction of the rule of law in China. And,formal rationalization of law means the importance of political power and the growth of the civil society in the construction of the rule of law in China.