On Weber’s Legal View Of Formal Rationality

Weber’s theory of formal reason law is the most important part of his sociological research of law,which has exerted great influence in the west and China.At first we talk about the background of Weber’s legal view of formal rationality.Scholarship does not come into being in a vacuum,it has a specific historical background and social needs,and Weber’s legal view of formal rationality also has its historical characteristics at the beginning of its emergence and development."Disenchantment of the world" invalidates the traditional theory of legitimacy,and people no longer believe in the proof of legitimacy by "mythological thinking",the concept of legitimacy of law changes in this process.It is under this background that Weber’s legal view of formal rationality develops.Secondly,it discusses Weber’s research methodology and the concept of "rationality",which is a precursor to understand the legal view of formal rationality.Weber has three distinctive methodologies: one is the combination of history and sociology,believing that the two are needed by each other.Sociology is used to establish clear concepts,while history conducts causal analysis on this basis.The second is Weber’s "sociology of understanding",which has two main points: interpretive understanding and causal explanation;The third is the ideal type method,which is Weber’s most creative methodological contribution and unique conceptual tool.The concept of "rationality" has always been the core concept in Weber’s research.Here we make a summary of the concept of rationality in Weber’s research with the help of The classification of Stefan Karl Berg: practical rationality,theoretical rationality,substantive rationality and formal rationality.Thirdly,it discriminates the content of Weber’s legal view of formal rationality.First,it introduces the four types of law in Weber’s study of legal sociology;Second,it introduces three factors that influence the development of formal reason law: economic factor,political factor and religious factor.Third,it introduces the essence of formal rational law,which is summed up from two dimensions,formalization and rationalization.In formalization,its essence is in line with the five presuppositions of legal formal characteristics proposed by Weber.In terms of rationalization,its essence satisfies weber’s four definitions of rationality;Fourth,it introduces the five characteristics of formal rational law: equal application,systematization,internal law of adjudication standard,rational thinking,rationalization of legal education and professionalization of legal personnel.Finally,it reflects on Weber’s legal view of formal rationality.The advantages of Weber’s legal theory of formal rationality are beyond doubt,but it also has its limitations: western cultural centralism and the irrationality of strict formalism.At the moment of comprehensively promoting the rule of law,we need to deeply study the reasonability of Weber’s legal view of formal rationality and recognize the limitations of his theory so as to better serve the construction of the rule of law in China.