In the Grip of Freedom

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ISBN: 9780802083425 | 0802083420
Cover: Paperback
Copyright: 9/1/2000

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Examining the relationship between Weber?s Sociology of Law and his interpretation of the structure and meaning of modern society, Boucock looks at Weber?s thought in the context of developments in Canada since 1982.

Acknowledgments

Abbreviations

xiii

Introduction: Law and Modernity in Max Weber

(16)

The `Specific and Peculiar Rationalism of Western Culture'

(22)

The Formal Rationality of Modern Economic and Political Arrangements

(10)

Capitalism and the Instrumental Calculus of Profit

(4)

Bureaucracy and the Methodical Observance of Rules

(3)

Weber's Existential Epistemology

(10)

The Positivistic Character of Modern Values

(2)

The Normative Power of Individual Choice and Consent

(4)

The Conceptual Nexus of Formal Rationality and Value-Positivism

(2)

The `Specific and Peculiar Rationalism' of Modern Authority: The Problematic Relation between Modern Freedom and Domination

(40)

Weber's Typology of Legal Rationality

(3)

The `Specific and Peculiar Rationalism' of Modern Law

(10)

The Positivism of Legal Norms

(3)

The Formalism of Legal Relations

(3)

The Legalism of Modern Authority

(3)

Individual Autonomy and Formal Legal Rationality

(11)

The Legal-Rational Reconstitution of Normative Power

(5)

The Legal-Rational Reconstitution of Social Arrangements

(6)

Formal Legal Rationality versus Individual Autonomy

(11)

Contractual Association and the Problem of Substantive Autonomy

(4)

Modern Authority and the Problem of Substantive Justification

(5)

Weber's Disillusioned Affirmation of Formal Legal Rationality

(5)

The Developmental History of Modern Law

(25)

Legal Rationalization and the Rise of Modern Capitalism

(12)

The Belief in a Theodicy of Higher Law

(2)

Legal Domination and the Societalization of Power

(3)

The Demise of the Metaphysical Dignity of Law

(3)

The `Thorn' of Weber: Habermas and the Problem of Modern Authority

(7)

Legal Rationalization and the Juridification of Power and Authority

(2)

Recovering the Normative Rationality of Modern Law

(2)

The Heuristic Value of Weber's Disillusioned Realism

101

(5)

The `Dynamic' of Legal Rationalization: An Interpretation of Recent Trends in Legal Development

106

(25)

The Developmental Directions of Legal Rationalization

107

(17)

The Formalization of Social Arrangements

109

(7)

The Positivization of Value-Orientations

116

(8)

The Developmental `Dynamic' of Legal Rationalization: The Entanglement of Detached Selves and the Detachment of Entangled Individuals

124

(7)

The Constitutionalization of Individual Rights in Canada: A Case Study in the `Dynamic' of Legal Rationalization

131

(25)

The Rise of Judicial Forms of Political Power in the Rights-Oriented Polity

133

(11)

Formal Legal Rationality and the Problem of Value-Setting

136

(5)

Judicial Review and the Depoliticization of Value-setting

141

(3)

The Underlying Substantive Coherence of Charter Adjudication

144

(12)

The Selective Protection and Promotion of Individual Autonomy

145

(4)

The `Dynamic' of Legal Rationalization

149

(7)

The Limits of Formal Legal Rationality: An Interpretation of Weber's Theory of Modern Politics

156

(26)

The Countertendencies of Rationalization

157

(11)

The Dynamic of Charisma and Routinization: The Role of Value-Oriented Conduct in Cultural Innovation

159

(3)

Cultural Devitalization and the Reification of Values

162

(3)

Political Servitude and the Depoliticization of Value-Setting

165

(3)

Weber's Political Response to the Modern Condition: Articulating the Limits of Formal Legal Rationality

168

(14)

Weber's Institutional Formula for Subordinating Legal Rationality and Resisting the Routinization of Value-Setting

171

(5)

A Decisionist Ethic for the Politicization of Value-Setting

176

(6)

Conclusion: In the Grip of Freedom

182

(9)

Notes

191

(22)

Bibliography

213

(10)

Legal Cases

223

(2)

Index

225

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In the Grip of Freedom

Summary

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In the Grip of Freedom

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