This study examines two interconnected and as yet wholly neglected aspects of Max Weber's 'Sociology of Law,' namely, its substantive underpinnings and focal concern with the status of the judge. At the heart of the 'Sociology of Law' is a comparative analysis of the Continental and the English administrations of justice, which can best be understood when read against his substantive sociology and which requires an assiduous reading of the 'Sociology of Law.' Thus the first part of this examination elucidates Weber's overarching concern with the effects of bureaucratization on the development of personality. The second part provides a detailed explication of the 'Sociology of Law' which privileges his treatment of the Common Law and distinguishes the juristic and sociological strands of his analysis, re-examines his notion of formal and substantive rationality, pays close attention to his assessment of the Free Law Movement, and accords due place to his discussion of the anti-formalistic tendencies in modern law. Taken together, these expose the contradictions and assumptions which frame his tendentious analysis and bring to light the vital role he ascribes to the judge.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.85202 |
| Date | January 2004 |
| Creators | Sahni, Isher-Paul |
| Publisher | McGill University |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | English |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Format | application/pdf |
| Coverage | Doctor of Philosophy (Department of Sociology.) |
| Rights | All items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated. |
| Relation | alephsysno: 002210791, proquestno: AAINR12940, Theses scanned by UMI/ProQuest. |
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