FACTOID # 50: More than a third of the time, Icelanders don't show up for work. Perhaps that's why they're the world's happiest nation.
 
 Home   Encyclopedia   Statistics   Countries A-Z   Flags   Maps   Education   Forum   FAQ   About 
 
WHAT'S NEW
RECENT ARTICLES
More Recent Articles »
 

SEARCH ALL

FACTS & STATISTICS   

Search encyclopedia, statistics and forums:

 

 

(* = Graphable)

 

 


Encyclopedia > Legal domination

Rational-legal authority (also known as rational authority, legal authority, rational domination, legal domination) is a form of leadership in which the authority of an organization or a ruling regime is largely tied to legal rationality, legal legitimacy and bureaucracy. The majority of the modern states of the twentieth century are rational-legal authorities, according to those who use this form of classification.

Contents

Rational-legal authority in sociology

In sociology, the concept of rational-legal domination comes from Max Weber's tripartite classification of authority (one of several classifications of government, used by sociologists); the other two forms being traditional authority and charismatic authority. All of those three domination types represent an example of his ideal type concept. Weber noted that it in history those ideal types of domination are always found in combinations.


In traditional authority, the legitimacy of the authority comes from tradition. Charismatic authority is legitimized by the personality and leadership qualities of the ruling individual. Finally, rational-legal authority derives its powers from the system of bureaucracy and legality.


Legal rationality and legitimacy

In the modern state, people (and legal practitioners) attribute legitimacy to a legal order insofar as its laws have been enacted (this concept of legal authority and its legitmacy should be understood in the light of arguments of the natural law and legal positivism).


Weber defined legal order as a system where the rules are implemented and obeyed in the belief that they are legitimate because they conform with the statuses of a government that monopolizes their enactment and the legitimate use of physical force.


Emergence of the modern state

Weber wrote that the distinctively rational characteristics of the state emerged from the patrimonial and feudal struggle for power that can be found only in Western civilisation. The prerequisites for the modern Western state are:

  • monopolization by central authority of the means of domination and administration based on:
* centrally directed and permanent system of taxation
* centrally directed and permanent system of military force
  • monopolization of legal enactments and the legitimate use of force by central authority
  • organisation of a rationally oriented officialdom, whose exercise of administrative function is dependent upon the central authority

Weber argued that some of those attributes have existed in various time or places, but combined they have emerged only in the Occidental civilisation. The conditions that favoured this were:

  • emergence of legal rationality. Various status groups in the Occident promoted that emergence.
  • emergence of modern officialdom (bureaucracy) which required
* development of the money economy, where officials are compensated in money instead of kind (usually land grants)
* quantitative and qualitative expansion of administative tasks
* expansion on officialdom due to its centralisation and increased efficiency over past alternative methods of administration

Weber's belief that rational-legal authority did not exist in Imperial China has been heavily criticism, and does not have very many supporters in the early 21st century.


Modern state - bureaucracy and politics

According to Weber a modern state exists where a political community possesses the following characteristics:

  • an administrative and legal order that is subject to change by legislation
  • an administrative apparatus that conducts official business in accordance with legislative regulation
  • binding authority over all persons (citizens) and most actions taking place in the area of its jurisdiction
  • the legitimation to use force withing this area if coercion is permitted or prescribed by the legally constituted government

An important attrubute of Weber's modern state definition was the fact that it is a bureaucracy - please see that article for the description of bureaucracy ideal type.


Vast majority of the modern states from the XX century onward fall under the rational-legal authority cathegory.


Rational-legal leaders

Majority of modern politicians represent this type of authority.


Weber distinguished between bureaucratic officials and political leaders.


An official must exercise his judgment and his skills, but his duty is to place these at the service of a higher authority; ultimately he is responsible only for the impartial execution of assigned tasks and must sacrifice his personal judgment if it runs counter to his official duties.


Other qualities of an official:

  • he is personally free and appointed to his position on the basis of conduct
  • he exercises the authority delegated to him in accordance with impersonal rules, and his loyalty is enlisted on behalf of the faithful execution of his official duties
  • his appointment and job placement are dependent upon his technical qualifications
  • his administrative work is a full-time occupation
  • his work is rewarded by a regular salary and prospects of advancement in a lifetime career

A politician must demonstrate his capacity for independent action, for which he alone is responsible. Partisanship is important to him, he must reject the responsibility for public actions that conflict with his basic policy. He should have a charismatic appeal to win elections under conditions of universal suffrage.


See also


  Results from FactBites:
 
Reinhard Bendix, Max Weber, An Intellectual Portrait (2577 words)
It follows that every system of domination will [Page 297] change its character when its rulers fail to live up to the standards by which they justify their domination and thereby jeopardize the beliefs in those standards among the public at large.
Under legal domination the "superior" is himself subject to law, and he can undermine the beliefs sustaining the legal order if he uses formal compliance to extend his domination indefinitely.
The contrast between the frequency of compliance and the legal question of normative validity aside from questions of actual behavior is discussed in ibid., pp.
On Weber (2425 words)
Legalism supported the development of capitalism by providing a stable and predictable atmosphere; capitalism encouraged legalism because the bourgeoisie (capitalist class) were aware of their own need for other types of government structure.
There is a potential conflict between legal rationalism of logically formal types and a legal system's creative capacity to generate new substantive concepts and institutions required by a changing economic structure.
Legal change was a consequence of the English King's (Henry II) effort to consolidate their power.
  More results at FactBites »

 

COMMENTARY     


Share your thoughts, questions and commentary here
Your name
Your location
Your comments
Please enter the 5-letter protection code


Lesson Plans | Student Area | Student FAQ | Reviews | Press Releases |  Feeds | Contact
The Wikipedia article included on this page is licensed under the GFDL.
Images may be subject to relevant owners' copyright.
All other elements are (c) copyright NationMaster.com 2003-5. All Rights Reserved.
Usage implies agreement with terms.