Racionalidades del derecho según Max Weber y el problema del formalismo jurídico
Abstract
In this work, the author identifies some tensions existing within Weber’s work, tensions between the formal rationalization of Western law and tendencies that work against it and points to its materialization. On the one hand, he tries to define more precisely some of the key concepts that exist within Weber’s analysis, such as “rational law”, “formal law”, and “material law”. On the other hand, he examines some of the most important aspects of the rationalization process that were described in Weber’s work, and the links that this author established between the development of capitalism and domination by the bureaucratic State. Besides this formal rationalization of the law, there are two tendencies that point in opposite direction: in one side, some views belonging to legal science and jurisprudence and, in the other, some material requirements of democracy, aimed at introducing ethical considerations.
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