JOURNAL ARTICLE
Hubert Treiber and the Sociology of Law of Max Weber: From the Ideal Types of Legal Rationality to the Plurality of Law.
Published In: Zeitschrift für Rechtssoziologie, 2023, v. 43, n. 2. P. 177 1 of 3
Database: Sociology Source Ultimate 2 of 3
Authored By: Coutu, Michel 3 of 3
Abstract
Hubert Treiber has established himself as one of the world's leading scholars of Weber, in particular of his Sociology of Law. Especially, Treiber defends Weber's decisive contribution to legal pluralism, comparable to Eugen Ehrlich's, although from a quite different perspective. Indeed, it is not possible to analyse Weber's distinction between state and non-state law (a central distinction for legal pluralism) without taking into consideration what he means, sociologically, by "law" on the one hand and by "the state" on the other. Weber's ideal typical construction of social relations under the category "law" requires an Archimedean point, which is the formal rationality of law, closely associated, at the end of an historical development, with the efforts of legal abstraction and systematisation by the proponents of Pandectism in modern Germany. In the following text, linked to some of Treiber's major works, the author addresses first Weber's analysis of the rationalities of law, and then deals with the question of the plurality of law, as these two aspects are closely intertwined. [ABSTRACT FROM AUTHOR]
Additional Information
- Source:Zeitschrift für Rechtssoziologie. 2023/11, Vol. 43, Issue 2, p177
- Document Type:Article
- Subject Area:Biography
- Publication Date:2023
- ISSN:0174-0202
- DOI:10.1515/zfrs-2023-1016
- Accession Number:173893407
- Copyright Statement:Copyright of Zeitschrift für Rechtssoziologie is the property of De Gruyter and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
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