Max Weber as legal historian

Berman, Harold J.; Reid, Charles J.; Turner, Stephen

doi:10.1017/ccol9780521561495.013

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“… 40. He had, after all, himself given up a career in the law, bored by “clerical tasks of an essentially mechanical nature” (Berman and Reid 2000:224).…”

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confidence: 99%

The judge as tragic hero: Judicial ethics in Lebanon's shari'a courts

Clarke¹

2012

American Ethnologist

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In this article, I present ethnography of judicial practice in Lebanon's shari'a courts and find a tension between the identity of the judges presiding as Islamic religious specialists and their identity as legal professionals. Just applying the rules of the law is incompatible with true religious vocation, which demands personal engagement with the morally needy. But to ignore legal strictures is to be dismissed as a mere sermonizer. I find this case illustrative of a deeper tension between the use of rules and the disciplining of virtuous selves and argue for a new anthropology of rules to set alongside the new anthropology of ethics. [bureaucracy, ethics, Islam, law, Lebanon, rules, shari'a court]

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“… 40. He had, after all, himself given up a career in the law, bored by “clerical tasks of an essentially mechanical nature” (Berman and Reid 2000:224).…”

Section: Notesmentioning

confidence: 99%

The judge as tragic hero: Judicial ethics in Lebanon's shari'a courts

Clarke¹

2012

American Ethnologist

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“…A larger but unstated goal is to direct scholars’ attention to this difficult and neglected part of Weber’s thinking about law; it is my view that here they have succeeded admirably. Weber may have been wrong about certain points in the history of law, but he continues to offer much both to the contemporary legal scholar as well as the contemporary sociologist (Berman and Reid, Jr, 2000: 231, 239; Sahni, 2009: 226–7). Weber taught economics, wrote political theory and helped create sociology but he ‘remained a son of his [legal] discipline’ (Anter, 2007: 28).…”

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confidence: 99%

Max Weber’s legal thinking

Adair‐Toteff

2012

History of the Human Sciences

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The sections of Wirtschaft und Gesellschaft that are devoted to law (Recht) have a rather long and perhaps justified history of being ignored. Carl Schmitt noted that Weber's Recht contained 'a monstrous amount of sociological material' and Karl Engish maintained that it dealt with several dozen legal topics (Schmitt, 1923: 12; Engish, 1964: 68-9). Anthony Kronman insisted that it does not 'constitute a work' but gives the impression that it is 'a vast hodgepodge of ideas and observations' (Kronman, 1983: 2). In Kronman's view this overabundance makes it 'likely to seem nearly unintelligible' while Manfred Rehbinder suggested that 'The style is miserable and the assertion is opaque' (Kronman, 1983: 1; Rehbinder, 1987: 127). Werner Gephart and Siegfried Hermes simply label it a 'riddle' (Weber, 2010: xix). Gephart and Hermes are the editors responsible for the recently published volume on law in the Max Weber Gesamtausgabe and have taken on the task of making the Rechtssoziologie [sociology of law] as understandable as possible -a task that they acknowledge as daunting. They warn of the likelihood of 'sinking in an ocean of legal history' that makes up the work. Given its notorious difficulty, why read Weber's Recht? Stephen Turner and Regis Factor provide one answer; that Weber was trained in law and was exposed 'to the best of contemporary legal thinking, at a time when legal science was the discipline at the top of the academic hierarchy' (Turner and Factor, 1994: 3-4). Wolfgang Schluchter offers another: 'the sociology of law is principally an aspect of general social theory' and law is one of the preconditions 'of the constitution of social life' (Schluchter, 2002: 258, 273). Gephart and Hermes

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Socjologia prawa. Główne problemy i postacie

2014

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Max Weber as legal historian

Cited by 3 publications

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The judge as tragic hero: Judicial ethics in Lebanon's shari'a courts

The judge as tragic hero: Judicial ethics in Lebanon's shari'a courts

Max Weber’s legal thinking

Socjologia prawa. Główne problemy i postacie

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