Rational Legal Action and Authority, Max Weber...
Rational Legal Action and Authority, Max Weber...
Rational Legal Action and Authority, Max Weber...
15-02-2021
RATIONAL LEGAL ACTION AND AUTHORITY: MAX WEBER
1. PROTESTANT ETHICS AND SPIRIT OF CAPITALISM
2. BUREAUCRACY
What is bureaucracy?
Origin – French word – “bureau”, which means desk. A government which is run from a
table is always called a bureaucratic government. “Cracy”, means Authority.
Bureaucracy exists last 400 to 500 years, which develops slowly but steadily and today
almost every aspect of life is dependent in the machine called bureaucracy. It has everything
to do with socio economic and political changes that finally culminated in having the
machine called bureaucracy.
DEFINITIONS:
1. MAX WEBBER - Bureaucracy is a type of hierarchical organization which is designed
rationally to coordinate the work of many individuals in pursuit of large-scale
administrative tasks.
2. TALCOTT PARSONS - defines bureaucracy as relatively large-scale organizations
with specialized functions.
3. WALLACE AND WALLACE - define bureaucracy as large-scale formal organizations
which are highly differentiated and organized through elaborate policies and
procedures in a hierarchy of authority
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Power and position are Associated with Bureaucracy where the members of the bureaucratic
system can barge in and check the legitimacy of the society.
What is legitimacy?
à Acceptance of people of possession and authority or power.
Characteristics of legitimacy:
1. (Legitimacy of Totalitarian Bureaucracy) Established belief in the sanctity of
immemorial traditions and the legitimacy of status of those who are occupying
positions or exercising authorities under them. Obedience here is paramount to the
structure of the bureaucracy and therefore is regarded with high respect. Usually, this
kind of legitimacy is found in feudal societies with normative patterns of order and
execution of the same. Eg: Head of the villages had authority of the people and people
accepted it reaffirming the legitimacy of Bureaucracy.
Totalitarian Bureaucracy
we learn that legitimacy rests on the absolute kind of tradition.
Here, the legitimacy is based on values, traditionally occupied possession, people’s status that
prevailed society
Modern bureaucracy:
1. Here the legitimacy rests on rules and regulations for certain people who are
occupying certain positions either through selection or election.
In both election and selection, bureaucracy plays its major role.
Election – MLA, MP, representatives, etc.
Selection – selection committee, exams, eligibility, interview, etc.
2. We accept people’s authority, not because that they are important to us as they have been
important to family. We accept them because, they have occupied the structures on the basis
of non-normative relations we follow.
There is a clear cut laid down rule and regulations that gives us the authority which is
accepted by the people.
The legal rational bureaucracy comes hand in gloves to society which are here with
capitalistic authority.
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science as science by fitting a matrix into the developed format by rationalization from
positivism
Webber says, Today, science has to justify itself on the basis of huge process of
rationalization. Without which it’ll not be called as science
Ex, Siddha
Siddha medicine has certain kind of strategy to deal with corona virus, it has to fit with same
kind of medical knowledge into the format that has been developed by the process of
rationalization which has come from positivism in order to sell itself as a product which
would be acceptable by people.
Today if we have to declare a particular place as biosphere or bioreserve, the first thing they
ask us is the census of animals.
Ex,
the Nilgiris biosphere, have to justify on the basis of the numbers we have.
Primitive tribes – we identify them with the appearance and their access to
modern world but then that alone is not enough, that we convert our
experience into a description which is backed by number, statistics, fitting a
format that has come out from rationalization, only then it will be acceptable
by people.
2. The second tendency is human social action to become more and more free from
magical thoughts or superstition and depend on two types of activity:
a. Strategies of social action are utilised in a direct encounter with the empirical
reality as a means of obtaining control over it
b. Adjustments of the means and ends of action in an effort to derive strategies
for attainment of necessary goals and here the end refers to the goal and the
means refer to techniques or strategies.
a. Formulation of policy, -
To bring down the poverty ratio, how do we strategize our means of action?
We are dealing with the empirical reality directly by exercising certain means of
control. Ex, population program, during Indra Gandhi period, we understood that
excess population became a problem for us. We did not have enough resources to feed
our people leading to food shortage.
So, when population is the empirical reality, how do we deal with it?
The goal is to reduce the population, the means are to incentivise when people have
two or one child. That is when Indira Gandhi introduced Single girl child policy. It
asks people to stop with one or two children. The incentive can be monitory, social
status etc.
Every program rolled out by govt depends on this point
Dealing with empirical reality
1. Set a goal.
2. Achieve the goal.
1. Practical rationality
Practical rationality is based on the methodical attainment of a particular end through
increasingly precise calculation of adequate means. This is based on a specific
orientation to an order or situation that requires precision.
Picture of empirical reality through precise calculation
We understand the kind of nature or the concept through adequate precision
and calculation.
Ex, automobile company, the precision is very important. Time, space,
distance, and such practical rationality is best administered or demonstrated in
automobile industry – ISRO.
The entire science of stimulation that we find today is based on practical
rationality.
We have adequate means of calculation and precision to understand the
reality.
Joe Biden’s dream to send people to Mars. To send people to mars, we will
have to apply practical rationality. – time, gravity, and entire scheme.
Practical rationality involves a perfect or precise calculation of time, place and
the needs.
2. Theoretical or conceptual rationality
imposes/requires understanding of the reality based on conceptual reasoning or
patterns of understanding and does not adhere to just a precise calculation.
Bermuda triangle – none has a precise calculation.
The areas where practical rationality cannot be applied, theoretical rationality
might be possible.
Universe- big bang theory and steady state theory, in this we do not have a
practical rationality to know how universe was created.
Similarly, black hole is a theoretical rationality based on some calculation.
Theoretical rationality also depends on calculation, but it is not a precise
calculation rather than it gives a possibility of existence of empirical reality.
3. Formal rationality
It is designated to the amount of quantitative calculation and accounting procedure
that goes into action or decision. The reality here is understood through strict
numerical and only calculable terms.
All the account that goes into everyday budget or country’s budget is a classic
example of formal rationality.
There is a little room for any interpretation or words to express themselves but
here there is only numbers to express.
4. Substantive rationality
is bound by criteria of ultimate values that are shaped by ethical norms of equality and
justice over and again purely formal criteria of decision-making based on calculations
as strategies to obtain goals.
Law plays a huge role.
We have ultimate value like equality, liberty, etc. but how are we going to
exercise these is what substantive rationality deals with.
Substantive rationality brings up institutions which are going to exercise the
ethical norms of quality, justice, ultimate values of peace, liberty, adult
franchise, etc. these are the substantial rationality which are establishing
institution to achieve which cannot be easily achieved through numbers.
It creates institutions to execute substantial rationality and they do it in form of
calculation which helps us to achieve the goals.
CALCULATION AND THE PROCESS OF RATIONALIZATION: -
What could have propelled the process of rationalization and rationality that
we see today?
He understands that the money economy that was somewhere introduced in
Europe during 18thCE propelled the whole socio-economic world we live in.
Whenever there is monetary value assigned to every commodity, naturally it
extends itself to the programs and the four points of rationality.
Today, if government wants to introduce a particular social welfare program,
it is an affirmative action but the cost benefit analysis.
Recycling paper is more useful or using paper itself is useful? Cost of
recycling is much more than buying a paper.
We may have social goal. But to achieve that we need an application of
calculation to find out whether it is useful or not.
Webber says, Money rationality or introduction of monetary calculations is
what we understand today in our socio economic and political context.
The amount of money spent on Indian election – malpractice – vain – the cost
of conducting the election is much more than process itself. Hence enough
precautions are taken in such a manner to achieve the goal.
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KARL MARX ON SOCIOLOGY OF LAW:
What is ideology?
Set of principles that majority of the people follow; The ideas/beliefs that people follow -
Dealing with an empirical reality with a different perspective. Theories or ideas that are
believed in.
Hegel – dialectical historicism – every idea(thesis) that we have will have a counter
idea (Antithesis). Dialogue between thesis and antithesis called synthesis which again
becomes a thesis and will have antithesis. Goes on.
No idea or a system of idea are constantly same, every idea will become composite
structure over a period becoming synthesis and again for that synthesis will become a
thesis and antithesis. System of ideas.
1. Karl Marx and Engels defined ideology as simply a system of ideas, attitudes,
standpoints, conceptions, and beliefs which arise in relation to material activity and
which are capable of affecting the perception of reality.
- Ex: Place a chalk piece, what will you think - A chalk piece denotes writing on the
board - there are a wave of things that are related to a simple object like education,
infrastructure, teacher-student relationship.
- Material activity - Right to education - Various institutions make use of the same.
2. The second definition of ideology has to do with the relation between the common
ideas and conceptions and our own conception of the way the world works and
our own relation to it.
- The best example is the material object we possess, it could include a car or anything.
- Example:- chalk piece, when we place a chalk piece there are two things, how the
world views about the Chalk please? what is our relation to it?
- How the world looks about the teacher? The world looks at the teacher as a qualified
person somebody who is very disciplined, engaging into students, somebody creating
a better future for the students, ET cetera.
- How do we look at the teacher or the chalk piece? (my own relation to it). - probably
if someone has not got opportunity to go to school, therefore they will see it as a great
opportunity to study. if a person is from a family where everybody has been a teacher
will take it as a sign of prestige.
- Ideology is nothing but it arises out of our material activity. we must engage ourselves
in a material activity. based on the material activity our ideas, values, consumption
and believes about the world in which we live and also our social relationship are
developed.
3. The third definition originates from observations made by Marx when he pointed out
that ideology is always enacted in activities that take place in relation to the world
rather than being divorced from it. To simplify, Marx believed that ideology is an
activity that takes place in relation to the world and is enacted through our lived
relations with it which is always ongoing in everyday life.
- Ideology is not just a thought. when he uses the word activity it's about the behaviour.
- Marx says people behave in a particular fashion because it is their relationship to the
world in that particular fashion. Rather than saying that they have a particular
ideology, they behave differently.
- He says that ideology please is not just a thought, but a thought translates into
behaviour and an active engagement to the world or the empirical reality.
- Whenever we use the word ideology, we can only relate this word to the world which
we live.
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