Max Weber on Law in Economy and Society

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CONTENTS Preface • vu List of Books Cited in Abbreviated Form xi Introduction by Max Rheinstein xvii Max Weber on Law in Economy and Society I. BASIC CONCEPTS OF SOCIOLOGY i II. THE ECONOMIC SYSTEM AND THE NORMATIVE ORDERS ii Sec. i. Legal Order and Economic Order . . . i. n Sec. 2. Law, Convention, and Usage 20 Sec. 3. Significance and Limits of Legal Coercion in Economic Life 33 III. FIELDS OF SUBSTANTIVE LAW 41 IV. CATEGORIES OF LEGAL THOUGHT .... 61 V. EMERGENCE AND CREATION OF LEGAL NORMS 65 VI. FORMS OF CREATION OF RIGHTS . . . . s 98 Sec. 1. Logical Categories of “Legal Propositions”—Liberties and Powers— Freedom of Contract . . 98 Sec. 2. Development of Freedom of Contract— “Status Contracts" and “Purposive Contracts” — The historical origin of the Purposive Contracts . . .100 Sec. 3. Institutions Auxiliary to Actionable Contract: Agency, Assignment; Negotiable Instruments . . 122 Sec. 4. Limits of Freedom of Contract 125 Sec. 5. Extension of the Effect of a Contract beyond Its Parties— “Special Law” 140 Sec. 6. Associational Contracts—Juristic Personality . 154 Sec. 7. Freedom and Coercion 188 Supplement to Chapter VI. The Market . . . .191 VII. THE LEGAL HONORATIORES AND THE TYPES OF LEGAL THOUGHT 198 VIII. FORMAL AND SUBSTANTIVE RATIONALIZATION IN THE LAW (SACRED LAWS) 224 IX. IMPERIUM AND PATRIMONIAL MONARCHICAL POWER AS INFLUENCES ON THE FORMAL QUALITIES OF LAW: THE CODIFICATIONS . 256 X. THE FORMAL QUALITIES OF REVOLUTIONARY LAW— NATURAL LAW 284 XI. THE FORMAL QUALITIES OF MODERN LAW . 301 XII. DOMINATION 322 Sec. 1. Power and Domination Transitional Forms . . 322 Sec. 2. Domination and Administration —Nature and Limits of Democratic Administration .... 330 Sec. 3. Domination through Organization — Bases of Legitimate Authority 334 XIII. POLITICAL COMMUNITIES 338 Sec. 1. Nature and “Legitimacy” of Political Communities 338 Sec. 2. Stages in the Formation of Political Communities 342 XIV. RATIONAL AND IRRATIONAL ADMINISTRATION OF JUSTICE 349 Index 357