A Research On Max Weber’s Methodology For His Sociology Of Law | | Posted on:2022-06-23 | Degree:Master | Type:Thesis | | Country:China | Candidate:J J Cao | Full Text:PDF | | GTID:2506306500964929 | Subject:Legal theory | | Abstract/Summary: | | | As one of the most vital and influential thinkers in modern times,Max Weber’s social theory is based on his social science methodology.Weber discussed the unique research methods of social sciences that are different from natural sciences.The sociology of law,as one of Weber’s social theories,is also based on methodology.It is impossible for any scholar who studies the meta-theory of social sciences to avoid Weber’s methodology.This article discusses the methodological basis of Weber’s sociology of law by starting from Weber’s social science methodology.This article first discusses the ideological field and ideological origin of Weber’s methodology of sociology of law.Weber’s methodology was born in the era of conflict between education and knowledge and national politics in Germany from the end of the18 th century to the beginning of the 20 th century,combining his inheritance of Neo-Kantian science and his criticism of the extreme positivism in social sciences.Weber established a sociological method with "understanding" as the core."Understanding" requires observers to use reliable experience and logical reasoning ability to better grasp the "objective possibility" of the "meaningful connection" of actions.If social scientists want to "explain" the objects they observe,just like natural scientists,they can only incorporate the "subjective meaning" of individual actions into the causal chain of scientific research to obtain objective "interpretation" knowledge.The nature of social and cultural science determines that the judgment of the "objective possibility" obtained by the observer is fundamentally probable.Human society cannot be divorced from value.Similarly,legal studies cannot exist without value.Otherwise,human society and legal culture will be separated from "meaning".In order to ensure that the analysis of social behavior is more objective,upholding "value freedom" is essential in the research process. | | Keywords/Search Tags: | Max Weber, methodology for sociology of law, positivism, Neo-Kantist philosophy of value, understanding, objective possibility | | Related items |
| |
|