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The sociological school considers law as a social phenomenon and examines law in relation
to the society. The sociological foundations of law were given by the writing of Weber,
Durkheim and Ehrlich. Weber was the first to try to develop a systematic sociology of law.
More than that, he was
the first to see the sociology of law as central to sociological theory.
Among the sociological classics, Max Weber is widely considered the founding father par
excellence of the modern sociology of law.
Weber while training as a lawyer; his earlier writings resemble those of the German
Historical School. He later
reacted against this. His primary concern was to understand the
development and characteristics of Western Society, the most distinctive feature of which in
its developed form was capitalism. This led him in two directions: first, into historical and
comparative studies of the world's major civilizations; secondly, into studies of the
origins of
capitalist development and 'rationalism'. The existence of rational legal order is a critical
feature of capitalist society.
While Savigny had laid down the base for social sciences for studying law in relation to its
socio‐cultural environment it were sociologist like Max Weber and Durkheim who insisted
on the
study of law in terms of inter‐social needs and relations. They blended sociological
MAX WEBER'S
LEGAL THOUGHT & CONTRIBUTION
Short Biography:
In 1882 Weber enrolled in the University of Heidelberg as a law student. After a year of military service,
he transferred to the University of Berlin. Simultaneously with his studies, he worked as a junior lawyer.
In 1886 Weber passed the examination for Referendar, comparable to the bar association examination in
the British and American legal systems. Throughout the late 1880s, Weber continued his study of law
and history. He earned his law doctorate in 1889. Weber joined the University of Berlin's faculty,
lecturing and consulting for the government. One year after his appointment at Berlin, he became a full
professor
in political economy at Freiburg, and the following year (1896) he attained that position at
Heidelberg. In 1918, he became visiting professor at the University of Vienna and became a professor at
Munich University. In 1920, he suffered an attack of pneumonia and died in that year, when he was
hardly
fifty‐six year of age. He is known for Weberian bureaucracy, Economy and Society, The
Protestant ethic and the spirit of capitalism, Disenchantment, Ideal type, Iron cage , Life chances,
Methodological individualism, Monopoly on violence, Rationalizations, Social action, Three‐component
stratification and Tripartite classification of authority etc.
Karl Emil Maximilian "Max" Weber
(21 April 1864 – 14 June 1920)
A German sociologist, philosopher, and political economist whose ideas
profoundly influenced social theory and social research. Weber is often
cited, with Emile Durkheim and Karl Marx, as among the three
founders of Sociology.