Max Weber on Law in Economy and Society

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