| "Weber's Proposition" is the mainline of Weber's whole theoretical system, its original idea is to find the idiographic community structure condition and historic reason of the rise of capitalism, this proposition also contains a legal philosophic meaning: in an increasingly rationalized (hierarchization, convention) society, how can people get freedom (freedom of contract, freedom of right). All of Weber's theoretic researches about legal rationalization and modernization were carried out surrounding this major idea. He wished to find a way that material civilization could develop together with spirit civilization by original analysis and society structure-function analysis about the power mechanism of capitalist legal rationalization. He tried to synthesis dualism of artificial reasons and valuable reasons; in order to make rational law not only becomes technique condition of rational society but also the system safeguarding of individual freedom. Weber's idea did not come true, but his research thinking and methods have deep effects on post research, now it can also provide abundant edification for us to insist and develop legal rationality spirit.This paper employs Marxist depiction method that logic should be comply with history, starts with "Weber's Proposition", follows the line of proposition, makes original analysis of structure-function syllogism and the puzzledom of proposition, takes systematic analysis for Weber's theory of legal rationalization, finally, makes elementary analysis and rethinks for rationality based on Chinese traditional legal civilization. |
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