The Concept of Rationality and the Rationalization of Law in the Works of Max Weber Cover Image

Pojęcie racjonalności i racjonalizacja prawa w pracach Maxa Webera
The Concept of Rationality and the Rationalization of Law in the Works of Max Weber

Author(s): Konstanty Kuryłowicz
Subject(s): Law, Constitution, Jurisprudence, Social Philosophy, Philosophy of Law
Published by: Stowarzyszenie Filozofii Prawa i Filozofii Społecznej – Sekcja Polska IVR
Keywords: disenchantment; irrational; law; rationalism; rationality; rationalization; Weber

Summary/Abstract: The magnitude of Max Weber’s work is overwhelming. However, with it, comes its great insight into the social reality. Reinhard Bendix has called Weber the magical name of the modern social sciences. Agreeing with this claim, The Author of this article takes on one of the fundamental problems of the social sciences – the problematic concept of rationality. This concept remains a key element of the works of Max Weber. Therefore, the purpose of this work is to analyze the intricacies of its definition by the famous German scholar. First comes the analysis of the multiplicity of contexts in which Weber makes the use of the term rationality and the rationalization. Then, after the realization of the impossibility of a precise definition of the rationalization without taking the context into account, the transition to the rationalization of law follows. The look at the division of rationalization of law into various planes on which it can manifest its rationality or irrationality (be it the material or formal aspect) is concluded with the summary, where The Author poses questions about certain issues that require further research.

  • Issue Year: 28/2021
  • Issue No: 3
  • Page Range: 82-94
  • Page Count: 13
  • Language: Polish