Edoardo Fittipaldi

On Max Weber's Fundamental Legal-sociological Conceptualizations. Apropos of a recent book by Hubert Treiber

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Keywords: Max Weber; Hubert Treiber; Legal-Sociological vs. Legal-Dogmatic Geltung; Law; Right.

This essay discusses a recent work that Hubert Treiber has written as an introduction to Max Weber's sociology of law. The focus is on the first chapter of Treiber's introduction, where he reappraises Weber's fundamental legal-sociological conceptualizations. These conceptualizations are here examined both in light of Treiber's analysis and from the standpoint of critical rationalism and Polish-Russian legal realism. The essay discusses Weber's concepts of "Rechtsdogmatik" - as distinguished from empirical science of law - as well as "Geltung", "Ordnung", ("objektives") "Recht", and ("subjektives") "Recht". Discussion is also devoted to the problem of how these terms should best be rendered in English.

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