The Authoritarian State: An Essay on the Problem of the Austrian State (Collected Works of Eric Voegelin, Volume 4) by Eric Voegelin

Author:Eric Voegelin [Voegelin, Eric]
Language: eng
Format: epub, pdf
ISBN: 9780826212351
Amazon: 0826212352
Publisher: University of Missouri
Published: 1999-05-18T22:00:00+00:00

However, this does not exhaust the meaning of the alternative. With its theses of discontinuity and the continuity of the law, pure theory of law has achieved the ultimate formalization of a political idea that appears in Max Weber's sociology of governance power [Herrschaftssoziologie] under the title of legitimacy by virtue of legality and occurs in Carl Schmitt's work in its institutionalist formulation as “legislative state [Gesetzgebungsstaat]."

In his sociology of governance power, Max Weber developed a typology of legitimacy. Though it does not illuminate the problem of legitimation itself and does not deal with its systematic possibilities, in the wealth of its analysis of characteristics Weber's typology offers the most comprehensive and profound contribution to this question. For Max Weber, "legality" is one among many methods of legitimating the state order—there are in addition also the traditional and the charismatic methods.172 Rule based on the law is characterized by a series of notions that are held to a socially relevant extent:

that any law can be instituted rationally;

that by its nature every system of laws is a cosmos of abstract rules, that the administration of justice is the application of these rules to the individual case, and that the administration of the state is the rational cultivation of interests defined through organization into unions or associations [Verbandsordnungen] within the boundaries of legal rules [Rechtsregeln];

that the ruler obeys the impersonal order, according to which he decrees his rulings;

that the person who obeys, obeys only “the law";

that the members of an association [Verbandsgenossen], by obeying the ruler, do not obey him as a person but only those impersonal orders and are therefore obligated to obey only within the rationally delimited area of responsibility assigned to him by this order.

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