The purpose of this research is to examine Max Weber's sociological theory of rationality and ideal types and the use of that theory as it applies to Weber's sociology of law. The plan of the research will be to set forth in general terms Weber's approach to social theory, and then to see whether and to what extent it is useful in explaining ambiguous social phenomena, particularly those that give rise to questions about the sociology of the legal system. To this end, reference will be made to certain legal ambiguities raised by illustrative cases.
No discussion of Weber's theory of the sociology of law would be complete without reference to his social theory in general and his multifaceted treatment of rationality in particular. Indeed, his treatments of society, rationality, and law persistently overlap and converge; Weber's thought is constructed with remarkable consistency. For Weber, the sociology of law is connected to generally shared concepts of the legitimacy of the prevailing social structure, including the legitimacy of state organization. To such concepts he adds another, related idea, that of the charismatic leader, who by various means inspires allegiance and validates authority in the social structure. This is how he explains his premises of legitimacy in theoretical terms:
There are three pure types of legitimate authority. Validity of their claims to legitimacy may be based on:
1. Rational grounds--resting on a belief in the "legality" of patterns of normative rules and the right of those elevated to authority under such rules to issue commands (legal authority).
2. Traditional grounds--resting on an established belief in the sanctity of immemorial traditions and the legitimacy of the status of those exercising authority under them (traditional authority); or finally,
3. Charismatic grounds--resting on devotion to the specific and exceptional sanctity, heroism or exemplary character of an individual pers...