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Vanished Mediators

On the Residual Status of Judges in Max Weber’s ‘Sociology of Law’

Concordia University, Canada

The centrality of judges in Max Weber’s theory of legal rationalization and their residual status in his ‘Sociology of Law’ are discussed. The vital role he assigns to judges is exposed by privileging his frequently overlooked discussion of the anti-formal tendencies in modern law. Their minimized standing in his comparative examination of the Continental and the English administrations of justice is explained by foregrounding the influence exerted on him by the ideals of Pandectist jurisprudence, as revealed in his Critique of Stammler, and by the politico-legal context in which he wrote, as evinced in his assessment of the Free Law Movement.

Key Words: administration of justice • anti-formal tendencies in modern law • Continental law • English common law • formal and substantive law • judges • legal rationalization • Pandectist jurisprudence • sociology of law • Weber

Journal of Classical Sociology, Vol. 6, No. 2, 177-194 (2006)
DOI: 10.1177/1468795X06064859


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				I.-P. Sahni Max Weber's Sociology of Law: Judge as Mediator Journal of Classical Sociology, May 1, 2009; 9(2): 209 - 233. [Abstract] [PDF]