论文部分内容阅读
马克斯·韦伯最初接受过法律和历史的双重训练,他后来的社会学建构,在事例方面广泛取材于法律史。然而严格来说,他算不得法史学家。~([1])事实上,正如我们将要表明的那样,他把自己关于法律权威“理想型”的社会学范畴往法律史上生搬硬套,这在促成某些精辟洞见的同时,也导致严重的曲解。他把“事实”和“价值”截然二分,把法律放逐到“事实”王国,这使他在自己最为人津津乐道的两部社会历史学研究中,即《新教伦理与资本主义精神》和《城市》,全然忽视了法律价值的意义。他的整个法律社会学背后,是一套过度简单化的历史编纂学,按照这套历史编纂学,西
Max Weber initially received dual training of law and history, his later sociological construction, in the case of a wide range of sources based on the history of law. However, strictly speaking, he can not be a lawyer. In fact, as we shall show, he has imposed a rigid legal system on the scope of the sociology of legal authority, “idealism,” which, while contributing to some brilliant insight, has also led to serious problems Misinterpretation He completely separates “fact ” from “value ” and banishes the law to “fact ” kingdom, which makes him in two most sociological and historical studies that he is most talked about, namely, “the Protestant ethic And capitalist spirit ”and“ city ”completely ignore the meaning of legal value. Behind his entire legal sociology is an overly simplistic historiography, which, according to this historiography,